On December 23, the National Labor Relations Board (“NLRB”) announced that it is again postponing its requirement that employers post a notice informing employees of their labor law rights under the National Labor Relations Act. The new requirement will now take effect April 30, 2012.
The posting requirement, originally scheduled to go into effect November 2011, was first postponed until January 31, 2012 in the wake of lawsuits challenging the rule’s validity. Taft’s September and October 2011 e-bulletins described those lawsuits, currently pending in the United States District Courts for the District of South Carolina and the District of Columbia. A federal judge in one of those cases indicated during a December 19 hearing that the legal issues involved would not be resolved by the January 31 deadline. As a result, the NLRB issued a statement agreeing to further postpone the effective date until April 30 to “facilitate the resolution of the legal challenges that have been filed with respect to the rule.”
No additional changes to the rule or notice have been made. The rule and notice requirements were outlined in Taft’s September 2011 bulletin.
For additional information, please contact a member of Taft’s Labor and Employment Practice Group.