As we discussed in our prior alert, pursuant to a recent regulation by the federal National Labor Relations Board ("NLRB"), most private sector employers, whether or not these employers have union employees, must post notices advising employees of their rights under the federal National Labor Relations Act. The mandatory posting requirement was set to take effect on November 14, 2011, but the NLRB just announced that it is delaying implementation of this requirement until January 31, 2012.
The NLRB stated that it decided to extend the posting date "in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium-sized businesses." The NLRB stated that it had become aware that there was uncertainty as to which businesses fall under the NLRB's jurisdiction and would therefore be required to post the new notice. The NLRB also stated that it will not make any other changes to the rule or in the form or content of the notice.
Several lawsuits seeking to enjoin the NLRB from implementing this mandatory posting requirement are currently pending. We will continue to follow these lawsuits for any new developments. In the meantime, employers should be nonetheless prepared to post the required notice by the new deadline. Copies of the notice are available for download on the NLRB's website (www.nlrb.gov) and will also be available at any regional NLRB office.