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Latest News - January 2013

January 10, 2013
Get ready: Feds set up a new hurdle to fighting union efforts
By: Tim Gould

The Obama administration’s pro-union beat goes on: The Department of Labor’s planning to implement new, stricter rules for U.S. employers trying to respond to union organizing efforts.

Changes are coming to an arcane labor law entitled the Labor-Management Reporting and Disclosure Act, which has been in force since 1962, according to a recent notice from the Department of Labor.

Attorney Doug Hass recently wrote about the proposed changes on the Franczek Radelet blog.

A summary of Hass’s report:

The LMRDA requires employers to file reports with the DOL when they hire consultants or contractors (including attorneys) to persuade employees on the issue of unions.

However, the LMRDA has always contained an exception to the reporting requirement for “advice” given to an employer. That exception included an attorney’s drafting of letters or speeches to employees or an attorney’s legal reviews of employer communications.

Only if an attorney (or other consultant or contractor) met directly with employees would the activities become reportable, writes Hass.



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