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Washington Labor & Employment Wire » Implementation Date of New NLRB Posting Requirement Postponed until January 31, 2012

Implementation Date of New NLRB Posting Requirement Postponed until January 31, 2012


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The NLRB has postponed implementation of its new notice posting rule until January 31, 2012.  Under the rule, which was to take effect on November 14, 2011, most private sector employers will be required to post an 11-by-17 inch notice informing employees of their rights under the NLRA, regardless of whether they have a unionized workforce.  A copy of the new workplace poster was released by the NLRB last month and can be found here.

Since the rule was issued in August 2011, the NLRB has received inquiries demonstrating confusion about which employers are covered by the rule.  In response to the confusion, the Board postponed the implementation date “to allow for enhanced education and outreach to employers,” particularly small- and medium-sized businesses.  No changes in the form or content of the notice will be made.

The rule has also generated lawsuits challenging the Board’s authority to require employers to post the notice and to impose penalties for noncompliance.  Plaintiffs include the U.S. Chamber of Commerce, the National Federation of Independent Business, and the National Association of Manufacturers.

The NLRB Press Release regarding the delayed implementation date is available here