According to the Labor Relations Institute, the Department of Labor appears to be planning to implement new persuader reporting rules this August.
Changes to section 203 of the Labor Management Reporting and Disclosure Act will impose tougher reporting rules for employers concerning the direct or indirect use of third parties, such as consultants or legal counsel, during a labor dispute or when seeking to persuade employees about collective bargaining rights.
Perhaps most significantly, the changes will narrow the longstanding “advice” exception that formerly exempted most discussions with legal counsel concerning these matters.
Critics of the new rules fear that employers‘ free speech, and access to counsel, will be significantly compromised. We will continue to keep you up to date as the situation develops.