National Federation of Independent Business v. Perez

Case Updates

The U.S. District Court for the Northern District of Texas granted a motion for a preliminary injunction barring the Department of Labor from expanding the scope of law firms and companies that have to file reports with the DOL regarding their activities to persuade employees not to form or join unions.

The U.S. Chamber filed an amicus brief in support of a motion for preliminary injunction in a case challenging the Department of Labor’s “persuader rule.” The brief explains how the DOL’s new persuader rule is a sharp departure from well-established and longstanding interpretation, will impose substantial compliance costs, and raises serious constitutional questions regarding employers’ statutory and constitutional right to seek advice on how to communicate with their employees. Of greatest concern, the brief argues, the DOL’s new interpretation of the advice exemption in the LMRDA threatens to expose thousands of lawyers, law firms, and companies to potential criminal liability for failure to abide by an exceedingly vague interpretation of the LMRDA. This case is one of three cases challenging DOL’s persuader rule in which the Chamber has filed an amicus brief.

Adam G. Unikowsky of Jenner & Block and Allyson N.Ho, John C. Sullivan, and Aaron C. Christian of Morgan, Lewis & Bockius LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.