On August 26, 2011, the National Labor Relations Board (NLRB) issued a rule requiring all employers governed by the National Labor Relations Act (NLRA), which is most private sector employers, to post an 11x17-inch notice informing workers of their right to join a union. The rule was set to take effect November 14, 2011; however, the NLRB announced on October 5 that the new provision will not take effect until January 31, 2012. The rule exempts "very small employers" from the posting requirement, but which businesses actually qualify for the exemption is not clear. The NLRB cited confusion among businesses as to whether the rule applies to them as the reason for the delay, and intends to use the additional time to educate businesses as to the application of the rule.

The U.S. Chamber of Commerce, National Federation of Independent Businesses and National Association of Manufacturers each filed separate lawsuits to block implementation of the rule. Each lawsuit alleges the NLRB overstepped its rulemaking authority in promulgating the posting rule. The NLRB's announcement that it would delay the implementation of the rule came at a status conference in the lawsuit brought by the National Association of Manufacturers.

The delay provides the federal courts time to weigh in on the validity of the NLRB's rule.