DOL's Persuader Rule Just Got A Little Bit Deader

Constangy, Brooks, Smith & Prophete, LLP
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Not six feet under yet, but maybe 5'11"?

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.

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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.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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