Persuader Rule Permanently Benchslapped

By John Alan Doran

Today a federal judge entered a permanent injunction preventing the DOL from implementing its so-called “Persuader Rule”, which created substantial disincentives for the use of persuaders and attorneys during a union organizing campaign.  National Federation of Independent Business, e  al. v. Perez, No. 5:16-cv-00066-C (N.D. Tx. Nov. 16, 2016).  We previously wrote on this same case, when the same judge issued a preliminary injunction against the rule. (Enforcing Persuader Rule Enjoined)  In an extremely succinct opinion, the judge entered summary judgement against the DOL and converted the preliminary injunction into a permanent injunction.  What happens from here is anybody’s guess given our recent election results, but it’s a fairly safe bet that we have heard the last of this rule for the next four or so years at least.  Even were the DOL to appeal the decision before President Obama’s term ends, the new administration would have sufficient time to withdraw that appeal before it is ever heard.