Statement on the Department of Labor's Final Rule Narrowing the "Advice" Exemption for "Persuader" Reporting

Tom Nickels

Executive Vice President

American Hospital Association

March 23, 2016

Today’s final rule will have a chilling effect on hospitals’ ability to seek expert advice and counsel in addressing issues related to labor organizing and collective bargaining. To help ensure that communications with employees about organizing and collective bargaining are compliant with the complex and exacting requirements in federal labor law, hospitals must rely on outside experts. The significant ambiguities and burdens created by the new reporting standards may discourage many from seeking or providing the expertise that is critical and necessary to help hospitals and other employers follow the law. We understand that national organizations, like the Coalition for a Democratic Workplace, of which AHA is a member, are considering a possible legal challenge to the new rule, and AHA expects be part of that effort.

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About the AHA

The AHA is a not-for-profit association of health care provider organizations and individuals that are committed to the health improvement of their communities. The AHA is the national advocate for its members, which include nearly 5,000 hospitals, health care systems, networks, other providers of care and 43,000 individual members. Founded in 1898, the AHA provides education for health care leaders and is a source of information on health care issues and trends. For more information, visit the AHA website at www.aha.org.