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27 Oct 2016 Down to the Wire: DOL’s “Blacklisting Rule” Enjoined

  A federal judge in Texas has blocked implementation of major portions of the U.S. Department of Labor’s (DOL) Fair Pay and Safe Workplaces rule, the so-called “blacklisting” rule.   Judge Marcia A. Crone of the U.S. District Court for the Eastern District of Texas entered a nationwide preliminary injunction order on Oct. 24 blocking the Oct. 25 implementation date of the DOL rule, along with a related Obama Executive Order, the Federal Acquisitions Regulations…

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11 May 2016 DOL Defends Persuader Rule Claiming There Is No Threat to the Attorney-Client Privilege

On May 6, the Department of Labor (DOL) vigorously defended its revised and narrower interpretation of the “advice exception” in the Labor Management Reporting and Disclosure Act (LMRDA). In the final rule, the DOL announced on March 24 that it was changing its interpretation of the LMRDA’s “advice exception” and a number of law firms filed suit in the District Court of Minnesota (Labnet Inc. v. Perez, D. Minn. , No. 16-cv-844) seeking injunctive relief to…

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21 Apr 2016 Ties Go to the Runner and the NLRB

There’s an oft-cited but unwritten rule in baseball that all ties go to the runner. The D.C. Circuit Court of Appeals this week applied that same concept in upholding a decision of the National Labor Relations Board (NLRB) finding that musicians for the Lancaster Symphony Orchestra in Pennsylvania were employees of the Orchestra and not independent contractors.   In Lancaster Symphony Orchestra v. NLRB, the D.C. Circuit Court of Appeals examined an NLRB decision from…

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23 Mar 2016 DOL Publishes Final Persuader Rule

  The U.S. Department of Labor (DOL) has published its long-awaited final rule regarding “persuaders” hired by employers during union organizing campaigns. The text of the full rule (clocking in at 446 pages) can be found here.   The rule essentially rewrites (although, the DOL uses the word “realigns”) the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). As stated by the DOL, “This Final Rule requires that employers and the consultants they hire file reports…

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30 May 2014 DOL’s Proposed Rule Concerning Reporting Use of Labor Consultants Slated to Become Final in December

  On Friday, May 23, the White House released its bi-annual Unified Agenda, including an update on the timing of Department of Labor’s (DOL) proposed rule altering definitions of labor relations consultants for the purpose of required employer reporting.  According to the Unified Agenda, the DOL’s rule is set to become final in December 2014, the same time period when the DOL intends to publish  a notice and comment rulemaking seeking consideration of an updated…

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