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Shots Fired! Several Lawsuits Filed in Response to New Persuader Rule

So it has begun.  As of this morning, several lawsuits have been filed against the U.S. Department of Labor to invalidate the persuader rules mentioned in this post.


Specifically, the National Federal of Independent Business (“NFIB”) and National Association of Home Builders (“NAHB”) have both filed lawsuits arguing that the new rules violates business owners’ right to free speech under the First Amendment and make it nearly impossible to consult with legal counsel when faced with a union organization campaign.

In addition, a consortium of law firms that make up the Worklaw Network have also filed a lawsuit in a Minnesota federal court challenging the new persuader rule.  Their complaint argues that the final rule is contrary to the plain meaning of the “advice” exemption under the Labor Management Reporting and Disclosure Act.  In addition, the lawsuits also argue that the new rules violates several other laws, including free speech rights under the First Amendment, due process rights under the 5th Amendment, and the Regulatory Flexibility Act because the DOL failed to conduct a proper regulatory flexibility analysis.

Finally, the Texas Association of Business, the Texas Association of Builders, and the Lubbock Chamber of Commerce have also filed similar lawsuits in a Texas federal district court.  The lawsuits filed in Texas have also argued that the new rule violates the Due Process Clause of the 14th Amendment and the Regulatory Flexibility Act.