Home >

FOR IMMEDIATE RELEASE
NEWS ADVISORY
April 13, 2016
For More Information, contact:
Luther Strange
Mike Lewis (334) 353-2199
Alabama Attorney General
Joy Patterson (334) 242-7491
Page 1 of 1

ALABAMA JOINS MULTI-STATE OPPOSITION TO OBAMA ADMINISTRATION
LABOR RULE THAT IS HARMFUL TO SMALL BUSINESSES

(MONTGOMERY) – Attorney General Luther Strange announced Alabama has joined
nine other states in filing an amicus brief in Arkansas federal district court urging the
court to grant a preliminary injunction of the U.S. Department of Labor’s new
Persuader Advice Exemption Rule, which forces disclosure of confidential
communications between small businesses and their outside counsel in labor relations
matters.

“Small businesses make up over 90 percent of all businesses both in Alabama and
across America,” Attorney General Strange said. “These local job providers can least
afford further unwarranted federal mandates that will erode their ability to compete.
The new federal labor rule would reverse long-standing protections for confidential
attorney-client communications and would place undue burdens on small business.”
Alabama, Arizona, Arkansas, Michigan, Nevada, Oklahoma, South Carolina, Texas,
Utah and West Virginia are requesting that the federal court grant the plaintiffs’ motion
in ABC v. Perez for a preliminary injunction of the department’s new rule until the
conclusion of the litigation: “Given the department’s own longstanding rule exempting
attorney advice from disclosure, and the likelihood that the department’s new, radical
adventure into areas of attorney-client confidence is in conflict with the governing Act,
a preliminary injunction to preserve the status quo pending litigation is well justified,
and is the best way to protect the public.”

In February, Attorney General Strange led a group of 13 attorneys general in writing the
U.S. Office of Management and Budget in opposition to the Obama administration’s
proposed “Persuader” labor rule. The rule was adopted on March 23, 2016.

–30–
Copy of amicus brief is attached
501 Washington Avenue * Montgomery, AL 36104 * (334) 242-7300
www.ago.alabama.gov