The DOL relaunched the Persuader Reporting Orientation Program, an Obama-era program that ensures employers report comprehensive financial and other information and activity related to union organizing campaigns as required under the Labor-Management Reporting and Disclosure Act (LMRDA).
The program began under the Obama administration and was bolstered by the “persuader rule” issued by the Obama DOL, which created new disclosure requirements for employers and labor attorneys. The persuader rule was nixed by a federal judge in 2016, and the Trump administration subsequently rescinded both the rule and the underlying Persuader Reporting Orientation Program.
The Biden DOL’s revival of the program itself does not explicitly impose any new disclosure requirements on employers and labor attorneys other than what is already required under the LMRDA—it is merely a tool to ensure employers are in compliance with their reporting obligations under the Act. Nevertheless, it signals both that the Biden DOL will be more heavily involved in enforcement of the LMRDA and that it may attempt to revive the problematic persuader rule in the future.
Outlook: Reviving the persuader rule would impose significant disclosure requirements on employers and labor attorneys alike, and would likely face stiff opposition from the business community. Further, the injunction that invalidated the original rule is still in effect, and it is therefore unclear legally how the Biden DOL could revive it absent substantial changes. Regardless, the relaunch of the Persuader Reporting Orientation Program signals that the DOL is re-prioritizing LMRDA enforcement, and employers should ensure they are in compliance with the Act’s reporting obligations.
