Human Resource & Labor News
www.agc.orgAugust 10, 2017 / Issue No. 05-17
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On the Inside
HR Professional Development
10 Reasons to Attend AGC’s 2017 Construction HR and Training Professionals Conference
Regulatory Reform
AGC Urges Labor Department to Rescind “Persuader Rule”
Labor Department Requests Input on Revising Overtime Rule
Trump Administration Releases New Details on Regulatory Agenda
Revised Form I-9 Now Available
Labor Relations
First Trump Nominee Joins NLRB
AGC Calls on GSA to Withdraw PLA Preference Policy
Regulatory Reform
AGC Urges Labor Department to Rescind “Persuader Rule”

AGC of America submitted a letter to the U.S. Department of Labor on August 10 in support of the Department’s proposed rule to rescind the controversial “persuader rule” issued during the Obama Administration. 

The “persuader rule” expands the reporting obligations of labor relations “consultants” – which is broadly defined – who conduct activities to persuade employees about their rights to join a union or bargain collectively, as well as the reporting obligations of employers who receive assistance from such consultants.  By narrowing the “advice” exemption to the reporting obligations, the rule requires reporting even when the consultant communicates only to the employer and has no direct contact with employees, if an object of the communications is to “persuade” employees.  The rule was issued last year but was enjoined by a federal district court on a nationwide basis prior to implementation. 

AGC’s comment letter reiterates the concerns that AGC raised during the original rulemaking.  These concerns include various legal and practical problems, as well as the anticipated damaging impact in the construction industry.  The letter asserts that the Department should promulgate rules that encourage employers to seek expert advice rather than rules, like the “persuader rule,” that hinder them from doing so.   

For more info, contact Denise Gold, Associate General Counsel, at or (703) 837-5326.
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