The U.S. Department of Labor’s Office of Labor-Management Standards published its notice in June, explaining it intends to rescind the rule, first published by the DOL in March 2016. The rule, or Persuader Advice Exemption Rule, effectively eliminates the “advice exemption” under the Labor Management Reporting and Disclosure Act.
Texas federal judge issues nationwide permanent injunction against U.S. Department of Labor’s ‘persuader rule’
The persuader rule, or Persuader Advice Exemption Rule, was meant to effectively eliminate the “advice exemption” under the Labor-Management Reporting Disclosure Act, or LMRDA. Basically, LMRDA requires employers to report each time they engage a consultant to persuade employees on how to use their collective bargaining rights.
The Washington Legal Foundation is among those calling on the U.S. Court of Appeals for the Third Circuit to overturn a Pennsylvania federal court’s decision that, they argue, would undermine class-wide settlements by permitting plaintiff states to file copycat lawsuits despite benefiting from a settlement.
In its brief, the Washington Legal Foundation contends the U.S. District Court for the District of Minnesota erred by holding at the preliminary injunction stage that the plaintiffs’ facial challenge to the Persuader Advice Exemption Rule can succeed only by showing that the rule would be invalid in all of its applications.
WLF to Arkansas federal court: U.S. Department of Labor’s ‘persuader rule’ is too ‘aggressive,’ should be struck down
The Washington Legal Foundation, a D.C.-based public interest law firm, recently filed an amicus brief in Associated Builders and Contractors of Arkansas v. Perez. The foundation, citing a recent Texas federal court ruling, argues the new Persuader Advice Exemption Rule violates First Amendment protections.
The USPS, which provides similar delivery services as FedEx and UPS, is highly unlikely to be pursued by the U.S. Department of Justice for its possible role in transporting illegal prescription drugs. Legal experts point to the Post Office’s poor financial health and the federal government’s reluctance to enforce rules against themselves.
The agency’s final guidelines were released earlier this month, recommending primary care physicians use other therapies for chronic pain and exercise caution when prescribing the prescription drugs. The Washington Legal Foundation says it fears plaintiffs firms, some of which have ties to the guideline development committee, will end up using them in their pending litigation against drug makers.
Public-interest law firm wants Calif. SC to take up, reverse appeals court’s decision in asbestos case
The Washington Legal Foundation filed a brief with the state’s high court this week, contesting the First Appellate District’s January decision upholding a nearly $4 million punitive-damage award against Kaiser Gypsum. WLF argues that lower courts need guidance regarding how they can conduct punitive-damages-only retrials, and that the trial judge in this case denied the defendant a fair trial.