DOL's Persuader Rule just got a little bit deader

Not six feet under yet, but maybe 5'11"?

Today, the U.S. Department of Labor formally issued a final rule rescinding the "Persuader Rule," which was issued under the Obama Administration. The Persuader Rule never took effect. It was enjoined by a court in 2016, and then after President Trump took office, his administration proposed scrapping it entirely.


So, why isn't the Persuader Rule "really, most sincerely" dead yet? First, the rescission will not take effect until 30 days from today. Second, the DOL is involved in two ongoing court appeals related to the injunction. But I wouldn't be losing sleep over it at this point.

For more on this awful regulation, which threatened the attorney-client privilege, here's David Phippen's excellent coverage from 2016.

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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