• Closing the Loophole: How the Department of Labor's Persuader Rule Effectively Eviscerates the Advice Exemption of the Labor-Management Reporting and Disclosure Act
  • January 18, 2017 | Authors: Katherine S. Decker; Mechelle Zarou
  • Law Firm: Shumaker, Loop & Kendrick, LLP - Toledo Office
  • On March 24, 2016, the Department of Labor’s (“DOL”) Office of Labor- Management Services published a final rule concerning its updated interpretation of the “advice” exemption of the Labor-Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. § 401, et seq. This revised interpretation, known as the “Persuader Rule,” significantly expands the types of persuader-related activities and communications that an employer and its advisors, including its attorneys, must disclose pursuant to the LMRDA. This article provides a brief background of the LMRDA as well as the DOL’s prior interpretation of the “advice” exemption, a discussion of the changes set forth in the Persuader Rule, and an update regarding its current status.