Deadline for Employer Compliance with NLRB Posting Requirement
Delayed Pending Resolution of Legal Challenges

As we reported Monday in the Employment Law Alert, the deadline for most private sector employers to post a Notice of Employee Rights under the National Labor Relations Act in their workplaces had been set for April 30, 2012. Yesterday, the NLRB announced that the April 30 deadline has been suspended and that it will not implement the final rule requiring posting of the Notice until legal challenges to the rule are resolved by the courts.

The NLRB’s announcement followed a ruling yesterday by the U.S. Court of Appeals for the D.C. Circuit in National Association of Manufacturers v. National Labor Relations Board, enjoining the posting requirement. The D.C. Circuit ruling came on the heels of a District of South Carolina opinion last Friday in the Chamber of Commerce v. NLRB case, which held that the NLRB exceeded its authority when it approved the posting requirement.

Employers are not required to comply with the NLRB Notice posting requirement until further notice. If you have questions regarding the NLRB Notice of Employee Rights or its implications for your company, please contact an attorney in the Gibbons Employment & Labor Law Department.

For additional updates on this issue, or other employment and human resources news within the legal and business industries, subscribe to our Employment Law Alert blog at www.employmentlawalert.com.


This communication provides general information and is not intended to provide legal advice. Should you require legal advice, you should seek the assistance of counsel.
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