Department of Labor Seeking to Make Attorney-Client Communication Regarding Labor Unions Public

There are many complexities when starting a business, such as proper incorporation, complying with codes and regulations, accounting issues, and if there are employees, employment issues dependent on the number of workers. Seeking legal advice from an experienced business attorney is essential to adhering to proper laws and regulations.

One challenge in starting a business with multiple employees is the possible issue of labor unions. Labor unions have representatives who are well versed in how to organize workers, and know the ins and outs of labor law. The Department of Labor has regulations business owners must abide by, especially if the business owner is engaging in “persuader” activities.

The term “persuader” refers to the employer’s communication or conduct, either directly or through a third-party, to influence employees’ exercise of their right to organize and bargain as a unit. Currently, under the Department of Labor’s regulations, a business owner can seek the legal advice of an attorney and need not make disclosure if the lawyer is not influencing employees and the business owner has no obligation to follow the professional advice.

Recently, the Department of Labor has been attempting to place attorney consultations within their rules applying to persuaders. This new rule would require attorneys who give business owners advice to disclose that they are advising the business, and also what their fee arrangements are for advising on any labor relations issues.

If you are starting a new business, or if you already own a business and would like to stay current on laws and regulations, the advice and counsel of an experienced business law attorney is often vital to a successful venture. Contact the experienced attorneys at Blodnick, Fazio & Associates, P.C. for a free consultation by calling (516) 280-7105 or visiting www.bfandapc.com.

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