The fight over the Department of Labor's attempt to "clarify" the 50 plus year interpretation of the persuader rules may be coming to an end. After its implementation, the persuader rule was immediately challenged in litigation in Minnesota and Texas. Late last year, the U.S. District Court in Texas issued a Motion for Extension of Time to file a response to the Court on the grounds that, "Acting Solicitor General, the Civil Division of the Department of Justice, and the new leadership at the Department of Labor are engaged in ongoing consultations regarding this litigation. The government requires additional time to complete those consultations." A similar document in the form of a Joint Status Report was filed in the Minnesota litigation.
It is very likely the new administration is considering what to do about the persuader rule and the ongoing litigation; we may see a change very soon. We will keep you posted on further developments.
Signs Point To Change In Government's Position On New (But Currently Enjoined) Persuader Rule
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
