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News Release

U.S. Department of Labor Rescinds 2016 Persuader Rule

WASHINGTON, DC – The U.S. Department of Labor has rescinded the 2016 Persuader Rule, which exceeded the authority of the Labor-Management Reporting and Disclosure Act (LMRDA). The Persuader Rule impinged on attorney-client privilege by requiring confidential information to be part of disclosures and was strongly condemned by many stakeholders, including the American Bar Association. A federal court has ruled that the Persuader Rule was incompatible with the law and client confidentiality.

"For decades, the Department enforced an easy-to-understand regulation: Personal interactions with employees done by employers' consultants triggered reporting obligations, but advice between a client and attorney did not," the Office of Policy's Deputy Assistant Secretary Nathan Mehrens remarked. "By rescinding this Rule, the Department stands up for the rights of Americans to ask a question of their attorney without mandated disclosure to the government."

Agency
Office of Labor-Management Standards
Date
July 17, 2018
Release Number
18-1198-NAT
Contact: Eric Holland
Phone Number