What you need to know

The National Labor Relations Board’s new rule requiring employers to post notice of employees’ rights to unionize will not go into effect until January.

What you need to do

Employers should post copies of the notice by January 31, 2012.

The National Labor Relations Board has announced it has postponed the effective date of its new rule mandating the workplace posting of an official Notice of Employee Rights under the National Labor Relations Act.  The rule, which had been scheduled to go into effect on November 14, will now go into effect on January 31, 2012.

In a recent Client Alert, we notified you of the National Labor Relations Board’s new rule requiring employers to post a notice informing employees of their rights to unionize under the National Labor Relations Act.  In that Alert, we advised that employers should obtain copies of the NLRB notice and post the notices in the workplace no later than November 14.  The NLRB recently announced that it will postpone the effective date for the notice posting rule from November 14 until January 31, 2012.  Therefore, employers are not obligated to display the notice poster until January 31, 2012.

There remain legal challenges to the NLRB’s posting rule, and it is possible that the effective date will be further delayed.  We will continue to monitor developments and will notify you of any further changes to the rule which may impact your obligations as an employer.

Next Steps

Employers should obtain a copy of the NLRB notice and post the notice in the workplace no later than January 31, 2012, barring further developments.  Employers that customarily post policies on an intranet or internet site must also electronically post the notice on such sites.