Employers, including hospitals, are required to complete reports on “persuasive communication” between employees and employers or labor relations consultants that either discourage or encourage employees to vote for or against their rights to organize and bargain collectively. The Department of Labor has proposed revising the “advice” exemption by limiting the definition of what activities constitute “advice” under the exemption and expand the scope of reporting required of employer-consultant persuader agreements.
In a joint letter, the AHA and the American Society for Healthcare Human Resources Administration argue the proposed rule is insufficient for several reasons, calling it an invasion of the attorney-client privilege and “unconstitutionally vague content-based regulation.”
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