The National Labor Relations Board ("NLRB") recently announced that it was postponing the implementation date for its new rule requiring all private-sector employers subject to the National Labor Relations Act (the "Act") to post a notice of employees' rights under the Act, including the right to unionize. As was reported back in August 2011, the final rule was set to take effect on November 14, 2011. The NLRB announced this week, however, that the start date of the new posting requirement has been postponed by more than two months - until January 31, 2012 - in order to allow for enhanced education and outreach to employers, particularly small and medium sized businesses. The NLRB has endured widespread opposition from business and trade groups that contend that the NLRB is using the poster to unfairly promote unionization. Also, several entities, including the U.S. Chamber of Commerce, have filed lawsuits seeking to block the rule alleging it oversteps the NLRB's authority. The NLRB has attempted to quash any speculation that the rule will be retracted by stating that "no other changes in the rule, or in the form or content of the notice, will be made."

Copies of the posting are available on the NLRB website and from NLRB regional offices. Employers should continue to follow developments regarding the rule because, absent an injunction or a further postponement of implementation, most private-sector employers will be required to post the required notice as of January 31, 2012.