Persuader Rules: Requiring the Middlemen to come out from the Shadows

The proposed changes to the U.S. Department of Labor’s (“DOL”) Persuader Rules have caused a great deal of controversy among both labor consultants and management attorneys. Initially proposed in 2011 and held in abeyance until July 2013, the proposed amendment to the current interpretation of the DOL’s “advice exemption” will broaden the definition of what constitutes “persuader activities” and have the effect of increasing the number of labor consultants and attorneys who would be required to report their activities.