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The U.S. District Court for the Northern District of Texas issued a nationwide injunction blocking the U.S. Department of Labor from implementing the final persuader rule, keeping it from taking effect July 1. The rule, officially titled the Interpretation of the ‘Advice’ Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act (LMRDA), drastically narrows the “advice” exemption and broadens the reporting requirements for employers and advisors (e.g., attorneys, consultants and trade associations). Mere advice to an employer from an advisor could be reportable if an object of the advice was to “indirectly persuade” employees about union organizing or collective bargaining. 

Associated Builders and Contractors (ABC), its Arkansas chapter and a coalition of stakeholders also have filed a joint lawsuit challenging the final rule in the U.S. District Court for the Eastern District of Arkansas. That case is proceeding toward a decision on the merits.

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