On October 6, we let you know that the NLRB had postponed the effective date of its recently-adopted rule that will require almost all employers to post a detailed notice to employees advising them of their rights under the National Labor Relations Act. (The rule was set to go into effect on November 14, but was pushed back to January 31, 2012.) Although not explicitly acknowledged by the Board, the delay in the compliance date appears to have been the result of the filing of several lawsuits by business and professional groups challenging the Board’s authority to compel a notice posting through the rulemaking process. On October 26, those groups filed motions for summary judgment in a federal district court in Washington, D.C., asking the court to declare the notice posting rule unlawful. Among the arguments raised in these motions is that the Board’s rule provides that the failure to comply with the notice posting requirement amounts to evidence of anti-union animus, and thus the notice is a “tacit expression of support for unionization.” It’s anticipated that the Board will file its own motion for summary judgment this week, asking the court to declare the rule lawful, and that a hearing will be held in December. Stay tuned.