Last week, the U.S. Department of Labor (DOL) published a new rule requiring employers and the consultants with whom they work to report when they enter into agreements for consultants to:
Directly persuade workers
Plan, direct or coordinate company manager efforts to persuade workers
Provide materials for employers to disseminate to workers
Conduct union avoidance seminars; and
Develop or implement policies or actions focused on persuading workers
The rule exempts from reporting agreements wherein consultants provide "advice" ("recommendations regarding a decision or course of conduct") and agreements wherein the provision of legal service is the only thing contemplated.
The Persuader Rule
was published on March 24, 2016 and will apply to arrangements, agreements and payments, made on or after July 1, 2016. For more information, click here to read the DOL's Persuader Rule Fact Sheet
and here to read the DOL's Persuader Rule Q & A
. HEC is still reviewing the final rule, and will continue to provide updates to members as the issue unfolds.