On July 17, 2018, the Department of Labor issued a press release in which it announced the rescission of the Obama administration’s onerous modification of the so-called “Advice exception” to the Persuader Rule under the Labor Management and Disclosure Act. Briefly, in 2016 the Department of Labor, under Obama, proposed to change decades of a prior interpretation of the “Advice Exception” which allowed employers to consult with labor attorneys and/or consultants without any filing obligations, as long as such attorney/consultant did not meet face-to-face with the employer’s employees. The Obama DOL’s proposed policy change would have mandated that any attorney/consultant with whom an employer consulted in the midst of an anti-union campaign would be required to submit detailed financial reports, along with the employer utilizing his/her services, to the DOL. The proposed policy change met with swift judicial challenge and rather than face near-certain defeat in the courts the DOL has now revoked the Obama-era interpretation and reverted to the interpretation that has been otherwise followed for many years. To learn more about the Persuader Rule, listen to this week’s Telebrief here.
Also in this week’s Telebrief: A bipartisan bill was introduced into both the House and Senate which, if passed, would impose obligations on employers as an outgrowth of the ever-present “Me-Too” movement. Stay tuned on the progress of these bills. Related to the popularity of the “Me-Too” movement, the meaning and significance of “zero tolerance” in anti-harassment policies was explained as well.
Questions about the Persuader Rule or other topics from this week’s Telebrief?
Contact Howard Kurman at firstname.lastname@example.org or 410-209-6417.
About the Telebriefs®
The Telebriefs® are 30-minute, information-packed phone calls geared towards executives, HR directors, supervisors, managers, and business owners. Join Howard K. Kurman, as he discusses employment law developments occurring over the past two weeks that will most significantly impact employers nationwide. These twice-monthly phone calls are an easy way to stay current and compliant with the latest employment law developments that will significantly affect you and your company. The goal is to provide information and insights to help executives stay current with the latest workplace law developments and in front of trends, to enable proactive policy-making and management. Our guarantee: You will learn something useful on every call!
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ABOUT THE PRESENTER
Howard K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.
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