A federal judge has issued a preliminary injunction blocking the U.S. Department of Labor (DOL) from enforcing its new “persuader” rule, which was set to take effect on July 1.
Senior U.S. District Judge Sam R. Cummings of the U.S. District Court for the Northern District of Texas issued the preliminary injunction on June 27 after a June 20 hearing on a lawsuit challenging the new rule, which employers have criticized as stifling efforts to avoid unionization. The scope of the injunction is nationwide, and it prohibits enforcement of the new rule pending final resolution of a lawsuit challenging its constitutionality.
Charles H. Kaplan, an attorney with Sills Cummis & Gross P.C. in New York City, said the U.S. Supreme Court likely will decide if the new persuader rule remains permanently blocked. He explained that the DOL can seek a stay of the preliminary injunction from the U.S. 5th Circuit Court of Appeals, and if it can’t obtain a stay in the 5th Circuit, it can seek a stay from the Supreme Court.