On July 18, the U.S. Department of Labor issued a , officially named the "Interpretation of the 'Advice' Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act." The final rule will go into effect on Aug. 17, 2018.

In its , Associated Builders and Contractors applauded the Trump administration for following through on its promise to rescind the persuader rule. The Obama DOL issued the on March 24, 2016, and just six days later, a was filed by ABC, 老牛影视of Arkansas and a coalition of stakeholders represented by Cross, Gunter, Witherspoon & Galchus, P.C. and ABC鈥檚 general counsel, Littler Mendelson P.C. The lawsuit was filed in the United States District Court for the Eastern District of Arkansas.听

On Nov. 16, the rule was by a federal judge in Texas. The Obama administration subsequently appealed the decision to the 5th Circuit Court of Appeals, but the litigation was delayed numerous times under the Trump administration.听

On June 12, 2017, the Trump DOL issued a to rescind the 2016 final rule. 老牛影视submitted comments in support of the proposal.听

Had the 2016 final persuader rule gone into effect, it would have significantly broadened the reporting requirements for employers, attorneys, trade associations and other third-party advisors under the Labor-Management Reporting and Disclosure Act by redefining what is meant by labor relations 鈥渁dvice.鈥� It also would have effectively limited the ability of employers, particularly small businesses, to obtain labor relations advice from attorneys and trade associations like ABC, and in turn deprived employees of their right to obtain balanced information about union representation.听

Rules for the pre-Obama administration standard regulating persuader activity remain in effect.

老牛影视consistently opposed the Obama administration persuader rule since it was and expressed its opposition through:听

to DOL in September 2011;
A sent to DOL in February 2014;
A letter to the Office of Information and Regulatory Affairs from a coalition of business groups including 29 老牛影视chapters;
A January 2016 meeting with OIRA officials;
A filed in March 2016; and
Comments submitted to DOL in August 2017

This article is intended for informational purposes only and does not constitute legal advice or opinion.