In the early stages of drafting there were many concerns about how the rule would affect small businesses. The small business believe that the persuader regulations impose a burden on those small business that do not have in-house legal and labor relations staff, these businesses may have difficulty responding to a union organizing campaign and lawfully communicating with their employees. This difficulty …show more content…
There have been three separate legal challengers in the forms of motions for declaratory and injunctive relief. These suits were brought before federal district courts in Arkansas, Minnesota, and Texas. Those challenges are based on the LMRDA's "advice exemption," which is eviscerated by the new rule, as well as the effect of the rule on the attorney-client privilege. According to these challenges, the rule also violates the First and Fifth Amendments to the U.S.