The department adopted a special enforcement policy this month that will still require attorneys to annually disclose disbursements—including pay to officers and employees—related to their advice for dissuading employees from unionizing. But, under the special policy, the department said it will not take enforcement action against lawyers and other consultants who do not report their earnings from general labor relations advice in an annual disclosure form connected to the so-called “persuader” rule.
Last month, law firms were some of the first to challenge the rule, which the Labor Department enacted to give employees more information about employers’ efforts to thwart union-organizing activity. In federal lawsuits filed in Arkansas, Texas and Minnesota, law firms said the new rule threatens the confidentiality of their clients—and not just the clients seeking to persuade employees not to join a union.
