LabNet v. Department of Labor
- Case Date: 9/16/2016
- Project Name: Civil Justice Reform
In LabNet v. DOL, WLF asked the U.S. District Court of Minnesota to decide that the Department of Labor’s new so-called Persuader Rule violates First Amendment protections against compelled speech. The Department of Labor (DOL) has read the disclosure requirements in Section 203 of the Labor Management Reporting and Disclosure Act of 1959 narrowly for more than five decades as not applying to entities that have no direct contact with employees and who merely provide advice on labor relations to employers. By simultaneously shrinking the definition of exempt “advice” and expanding the definition of what entities count as “persuaders,” the agency’s aggressive reinterpretation of this statutory provision runs afoul of the U.S. Constitution. The new Persuader Rule cannot possibly survive strict scrutiny, because it fails to directly advance any compelling government interest, and its mandates are not the least-restrictive means of advancing the rule’s supposed objective.
|Case on hold pending Dept. of Labor review.|
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9/16/2016: Download the Brief