United States:
New Persuader Rule Blocked BGy Federal Court
01 July 2016
Miles & Stockbridge
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On Monday, June 27, 2016, U.S. District Judge Sam Cummings
entered a nationwide injunction in the case of National Federation
of Independent Business et al. v. Perez et al., 5:16-cv-00066 (ND
TX) blocking the U. S. Department of Labor (DOL) from enforcing its
new persuader rule. The judge found that the DOL's new rule
improperly infringed on an employer's right to obtain legal
advice because it effectively eliminated the advice exemption
provided for under the Labor Management Reporting and Disclosure
Act of 1959. The new rule was set to go into effect on July 1,
2016.
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