Monday morning, U.S. District Judge Sam R. Cummings issued a nationwide injunction against the Department of Labor's (DOL) Persuader Rule. Cummings is based in Lubbock and the case brought against the Persuader Rule is spearheaded by the Lubbock Chamber of Commerce and the National Federation of Independent Business (NFIB).

According to the Wall Street Journal, Judge Cummings, said the new rule likely exceeds DOL’s authority under the federal Labor Management Reporting and Disclosure Act.

Beth Bridge, Chairwoman of the Lubbock Chamber of Commerce, issued a lengthy statement concerning Judge Cummings' ruling:

"In an enormous victory for the constitutional rights of job creators in Lubbock and across the nation, Senior United States District Judge Sam R. Cummings today issued a preliminary injunction to block the United States Department of Labor (DOL) from enforcing changes to the DOL Persuader Rule. The new regulations are being challenged on constitutional grounds in Lubbock federal court by the Lubbock Chamber of Commerce in a coalition led by the National Federation of Independent Business (NFIB) and joined by the Texas Association of Business, National Association of Home Builders and Texas Association of Builders.

"Of the three federal lawsuits across the country seeking to strike down this rule, we were the only coalition that took the opportunity to present testimony and evidence in a hearing held in Lubbock on June 20, 2016.

"We thank our legal counsel on this case, Lubbock attorney Fernando Bustos of Bustos Law Firm, PC, who is representing the Lubbock Chamber, NFIB, TAB, NAHB, and Texas Builders in the joint effort. We are also grateful to the Ogletree Deakins and Kemp Smith law firms who have done such an effective job representing us and the job creators we serve.

"The Lubbock Chamber of Commerce represents over 2,000 businesses and over 79,000 employees on the South Plains which accounts for over $2 billion in annual household earnings in Lubbock and West Texas. The Chamber has twice earned the distinguished 5-Star Accreditation from the U.S. Chamber of Commerce and is a two-time Chamber of the Year recognized by the Association of Chamber of Commerce Executives."

Earlier this month, the Persuader Rule was also challenged in Minnesota. A federal judge declined to grant an injunction in that case. With dThe dual outcomes suggest that the issue could ultimately make its way up to the federal courts of appeals  or the Supreme Court.

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