New DOL Persuader Requirements Effective July 1, 2016
More detailed reporting will now be required for both employers and their attorneys related to an employer’s “persuader” activities (See 29 C.F.R. Parts 405 and 406). “Persuader activities” are defined as “any actions, conduct, or communications that are undertaken with an object, explicitly or implicitly, directly or indirectly, to affect an employee’s decisions regarding his or her representation or collective bargaining rights.” Form LM-10 Employer and Form LM-20 Consultant Persuader Reporting under the LMRDA, U.S. Department of Labor, Office of Labor-Management Standards Jul. 1, 2016, available at (https://www.dol.gov/olms/regs/ compliance/ecr.htm#ecr). As anticipated, the Department of Labor published revisions to the persuader reporting