Recently, the OLMS published its new “interpretation” of an employer’s obligation to report to the government what is known as “persuader activity.” The new interpretation represents a sharp change and greatly expands an employer’s obligation to report.
However — and this is critically important — this new interpretation will only apply to activities that arise from agreements with consultants and attorneys that are entered into after July 1, 2016.
What does all this mean for you and your business? You can avoid having to report union avoidance activity by entering into a going-forward agreement with your relationship partners, but you must do so prior to July 1, 2016. If you do not have a valid agreement in place prior to that date:
You and your labor-related legal and consulting partners will be required to report a substantially wider range of activities
The amount of information made public (i.e., available to unions, employees, and others) will increase
The potential exposure for civil and criminal sanctions will expand considerably
Kevin and Greg will cover the limited opportunity to create agreements to avoid certain reporting activities via an agreement with your partners, and potential ramifications of not entering into such an agreement before July 1, 2016. They will also discuss what Foley believes such an agreement should contain, and how you can best protect your business and employees from the reporting obligation.
There is no cost to participate in this program, but pre-registration is required. To participate, please use the Register Today button above or below, or simply register here. Instructions for accessing the program will be included in the registration confirmation email.
If you have questions or would like more information, please contact David Puleo at [email protected].
