Publications & News

Update: Effective Date for New NLRB Posting Rule Delayed Until 2012

October 7, 2011

By Jonathan D. Rosenfeld, Laura E. Schneider, Andrew Stauber

Earlier this week, we notified you of the National Labor Relations Board's (the "NLRB") new rule that, effective November 14, 2011, would require employers to notify employees of their rights under the National Labor Relations Act. As we mentioned in the alert, businesses expressed strong opposition to the new rule, prompting the filing of several lawsuits and legislative bills seeking to block the notice requirement from taking effect. At a conference for one of these cases held this week, a United States District Court Judge for the District of Columbia asked the NLRB to consider delaying the effective date of the notice rule, and on Wednesday, the NLRB announced that it will delay the effective date for the notice rule until January 31, 2012. Accordingly, employers are not obligated to display the notice poster prior to that date. In the meantime, there are still lawsuits and legislative efforts seeking to prevent any implementation of the notice rule. We will continue to monitor additional developments concerning this rule and will notify you of any changes affecting this rule and your obligations as an employer.