In follow-up to our September 13, 2011 and March 6, 2012 Employment and Labor Relations Updates, New Posting Rules Pose Additional Risks for Employers and Federal Court Partially Invalidates the National Labor Relations Board’s Posting Regulation, the National Labor Relations Board (the “Board”) has indefinitely postponed the effective date of its rule requiring the posting of the Notice of Rights under the National Labor Relations Act (the “Notice”), which was set to go into effect on April 30, 2012.

The Board’s decision to indefinitely postpone the posting requirement came on the heels of an injunction ordered by the United States Court of Appeals for the District of Columbia, which effectively bars the Board from enforcing its rule that employers post the Notice. Specifically, on April 17, 2012, the Board issued a press release stating, “In view of the DC Circuit’s order, and in light of the strong interest in the uniform implementation and administration of agency rules, regional offices will not implement the rule pending the resolution of the issues before the court.” In addition to the injunction in the DC Circuit Court case, in its press release, the Board stated that it disagrees with the decision of the South Carolina District Court which found that the Board lacked authority to promulgate the rule and will appeal the decision.

Although employers need not comply with the posting requirements at this time, they need to stay abreast of future developments regarding the Board’s posting rule.