The National Labor Relations Board (“NLRB”) has postponed the implementation date for its new notice-posting rule by more than two months in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses. The new notice-posting rule requires most private sector employers to post an 11-by-17-inch notice, which is available at no cost from the NLRB through its website, either by downloading and printing or ordering a print by mail. Previously, the NLRB issued a final rule requiring employers to post a notice informing employees of their rights under the law. The effective date to post the notices was set to be November 14, 2011.
The new rule resulted in two lawsuits in federal court, one by the National Federation of Independent Business and one by the National Association of Manufacturers. The plaintiffs questioned the NLRB’s jurisdiction and authority under the National Labor Relations Act to compel all employers to do anything. After the cases were consolidated, the judge requested that the NLRB delay the effective date of the posting requirement to give the court time to properly consider the issues. The NLRB attorneys initially declined the request to postpone, but, after a second request by the court, the NLRB voluntarily agreed to postpone the effective date of the posting requirement until January 31, 2012. The Court scheduled a hearing on the summary judgment motions for December, 2011, with a decision expected to be rendered before the January 31, 2012 effective date. Please note that this announcement does not impact the current requirement that certain federal contractors must post NLRA employee rights notices in their workplaces. That requirement was established by President Obama’s Executive Order signed on January 30, 2009.