|As of January 2013, New Wind Business Solutions will no longer provide any
business consulting in the areas of employee policies, employee handbooks, or
other HR forms.
The Department of Labor (DOL) has announced that it will be reinterpreting a
50+ year old law, the Labor-Management Reporting and Disclosure Act (LMRDA)
of 1959, that will now make it infeasible for us to provide inexpensive HR consulting
to small businesses, churches, or non-profit organizations.
For over 50 years, this law (also know as the Persuader Rules) applied only to
lawyers who advocated directly to a client's employees about unionization. All other
legal or consulting services were considered exempt. However, that "exemption" is
being narrowed to become practically non-existent. Any lawyer or consultant whose
services might influence employee policies are now considered to be under the
Persuader Rules and its burdensome reporting requirements.
Reinterpretation of the law (originally sponsored by a young Senator John F.
Kennedy- that is how old it is), will now make it mandatory for lawyers and
consultants to submit very detailed reports on every project that might effect labor
DOL will now demand reports from both consultants and clients, creating quite a
burden on both sides. In addition, consultants, lawyers, and clients can face fines
or even prison for violations.
Due to these added costs and liabilities, we can no longer offer our consulting
services at viable pricing. It is with regret that we cease these services.
New Wind Business Solutions
Wish to read more? Please consider the following links:
Law Offices of Franczek Radelet:
Law offices of Littler Mendelson:
LM-10 Form required of Employers (will be further updated later this year to
reflect DOL's expanded requirements):
LM-20 Form required of lawyers and consultants (will be further expanded to
reflect DOL's new interpretation of law):
Also, you can do further research under the term "Persuader Rules"