On June 12, 2017, the Office of Labor-Management Standards (OLMS) published in the
Federal Register a Notice of Proposed Rulemaking (NPRM) that proposes to rescind the currently-enjoined regulations established in the final rule titled "Interpretation of the
'Advice' Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act," published March 24, 2016, and effective April 25, 2016.  According to the NPRM, the proposal to rescind the Rule will provide the Department of Labor (DOL) with an opportunity to give more consideration to several important effects of the Rule
and, in particular, the advice exemption on regulated parties. Specifically, the NPRM indicates that rescission of the rule would permit the DOL to engage in further statutory analysis, to consider the interaction between Form LM-20 and Form LM-21, and to review attorneys' activities in greater detail. The Food Marketing Institute (FMI) agrees that the DOL should reexamine its interpretation of the advice exemption, and appreciates the opportunity to comment on the NPRM.