The National Labor Relations Board’s notice posting rule is scheduled to take effect on November 14, 2011. The rule requires all employers covered by the National Labor Relations Act (NLRA) to post a notice informing employees of their rights under the NLRA. Within the last few weeks, however, opponents of the rule have filed lawsuits challenging the rule and introduced legislation in Congress to repeal the rule.

Legal Challenges to the Rule

On September 8, 2011, the National Association of Manufacturers field a lawsuit in the District of Columbia federal district court challenging the NLRB’s authority to implement the rule. A week later, the National Right to Work Legal Defense and Education Foundation and the National Federation of Independent Businesses teamed up in a lawsuit likewise challenging the rule and seeking to halt its implementation.

Legislative Challenges to the Rule

The NLRB’s notice posting rule is also under attack on the legislative front.  Two bills—the Employee Workplace Freedom Act and the Employer Free Choice Act—have been introduced in the House of Representatives seeking to repeal the rule.

For now, employers covered by the NLRA should plan to post the NLRB’s notice of rights on November 14, 2011. We will continue to monitor the challenges to the rule and will provide updated information when it becomes available.