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Webinar: DOL’s New Persuader Rule

May 31, 2016 10:30 am
May 31, 2016 12:00 pm
Laurie Silvey

Taught by attorneys Jeff Risch and Michael Hughes Register
| SmithAmundsen LLC

The U.S. Department of Labor recently issued its final “Persuader Rule,” greatly expanding employers’ disclosure requirements regarding their use of union avoidance consultants, including attorneys. Equally important, the final rule also expands the requirements for the types of activities that are required to be reported by the consultants and attorneys, themselves. The new rule will drastically change how employers campaign against a union organizing effort.

Under the long-standing previous version of the rule, the “Advice Exception” protected from disclosure most activities conducted by the employer’s lawyers, unless they had direct interaction with workers. The Advice Exception allowed employers to seek labor advice without fear of potential disclosure of attorney-client privileged information. This new rule is the next step in the current administration’s aggressive strategy to eliminate any barriers for unions to organize the American workforce, which has been steadily turning away from unions over the last several decades. In this webinar, attorneys Jeffrey A. Risch and Michael F. Hughes of SmithAmundsen LLC will cover what employers and attorneys need
to know regarding the new Persuader Rule, including:
-The new, expansive definition of “persuader” activity, with examples;
-The new reporting requirements for employers, consultants and attorneys;
-Issues related to protecting the attorney-client relationship, privileged communications, and the attorney work-product doctrine;
-The status of current lawsuits seeking to prevent implementation of the final rule.

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