Kameron Murphy and D. Shane Jones Join in Amicus Brief in Federal Action, Urging Court to Issue Injunction in Challenge Against U.S. DOL’s New “Persuader” Rule

Apr 20, 2016

Tueth Keeney labor and employment attorneys Kameron Murphy and D. Shane Jones, joined by attorneys from other member firms of the Employment Law Alliance (“ELA”), recently co-authored an amicus brief in Federal Court. The ELA brief encourages the U.S. District Court to issue an injunction against the Department of Labor’s new so-called “persuader” rule.

Filed on April 14, 2016, in the U.S. District Court for the Eastern District of Arkansas, the ELA’s amicus brief supports the plaintiffs in the case, a group of employers and law firms who are challenging the legality of the persuader rule on multiple grounds.

The DOL’s controversial new rule requires public disclosure of any arrangement or activities to persuade employees ““ directly or indirectly ““ with respect to union representation and collective bargaining. This includes the disclosure of information that attorneys are currently required, under ethical considerations and rules, to keep confidential. If not invalidated, the new rule would have a detrimental and chilling effect on efforts by an employer to secure assistance from outside consultants and attorneys when faced with a Union organizing effort among employees. If the rule survives challenge, employers and outside consultants (including attorneys) that are subject to the rule would risk criminal prosecution for non-compliance.

Tueth Keeney is an active law firm member of the Employment Law Alliance (“ELA”), a network of more than 3,000 labor and employment lawyers across more than 120 countries.

Tueth Keeney attorneys have directly negotiated or participated extensively behind the scenes in the negotiation of more than 100 collective bargaining agreements on behalf of various employers. Our representation includes negotiating Agreements at the table directly with employee unions, as well as participating and assisting extensively behind the scenes, to support employers that are handling their own negotiations.

Kameron W. Murphy is a member of the firm’s Education Law and Labor & Employment practice areas. Kameron advises clients on labor relations, wage and hour issues, personnel policies, and in employee discipline and termination matters. He also represents Missouri and Illinois employers on labor law issues including union election campaigns, collective bargaining negotiations, grievance resolution and arbitration, and unfair labor practice proceedings.

D. Shane Jones practices in the areas of labor & employment law, education law, and higher education in Missouri and Illinois. Shane routinely advises and represents employers in all aspects of employment and labor law, including wage and hour matters, collective bargaining, the design and review of employee handbooks, drafting and enforcing no compete agreements, and investigating, disciplining and terminating employees.