On December 23, 2011, the National Labor Relations Board (NLRB) announced that it would postpone its requirement that employers post a notice informing employees of their federal labor law rights until April 30, 2012. As discussed in our NLRB Roundup Part 2, this rule requires physical posting of an 11x17 inch notice, as well as publication on the employer’s intranet or internet site if the employer customarily uses these sites to communicate with employees.
When it published the final rule in August, the NLRB intended for the posting requirement to take effect on November 14, 2011; however, the Board moved the effective date to January 31, 2012 to allow for further education and outreach. The Board’s reason for its latest postponement is to “facilitate the resolution of the legal challenges that have been filed with respect to the rule,” referring to the multiple lawsuits filed to challenge the rule. In a December hearing, the judge in one of these lawsuits raised the idea of further delaying the rule’s effective date, citing her need for more time to decide the complex case. For now, employers should prepare to post the notice in April, unless efforts to overturn the rule through litigation are successful or the rule’s effective date is further delayed. We will continue to monitor this issue and address any notable developments in future alerts.
A copy of the proposed notice can be downloaded from the NLRB’s website and printed for posting.