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Wednesday, December 11, 2019

Federal judge grants Arkansas right to intervene in U.S. Labor Department case

By Mark Iandolo | May 26, 2016

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LITTLE ROCK, Ark. (Legal Newsline) — Arkansas Attorney General Leslie Rutledge has announced a federal judge has granted Arkansas and nine other states the right to intervene in a case that challenges the U.S. Department of Labor’s (DOL) Persuader Advice Exemption Rule.

Rutledge is leading the coalition of states along with Texas Attorney General Ken Paxton.

“This rule will jeopardize the ability of employers to get the confidential legal advice they need,” Rutledge said. “Privacy and confidentiality have long been the norm not the exception of the legal profession but the federal government is attempting to shred the attorney-client relationship and turn it into a partisan issue. The employer’s relationship with its legal counsel must be protected, and I am grateful the judge has granted our request to intervene in this case.”


The DOL’s new rule mandates small businesses and their outside counsel disclose confidential information, communications and relationships in labor relations matters. Rutledge’s office believes this rule is a reversal of how the department has conducted business for the last half-century.

Rutledge sent a letter to the U.S. Office of Management and Budget earlier this year to oppose the rule. She believes the rule places undue burden on small businesses.

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Organizations in this Story

Arkansas Attorney GeneralU.S. Department of Labor