NLRB Poster Rule Delayed: Legal Update FYI

Last week the National Labor Relations Board announced a delay in the implementation of its rule requiring employers to post notice of employee rights to join a union.

Citing significant confusion about which businesses are covered under the rule, the NRLB moved the effective date of the rule to January 31, 2012, “to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.”

No mention was made in the NLRB announcement about the reimbursement of thumbtacks:

NLRB Postpones Effective Date of “Employee Rights” Posting Requirement (Bryan Cave):

“The National Labor Relations Board announced on October 5, 2011, its decision to postpone until January 31, 2012 the effective date of its recently published rule requiring employers to post notices informing employees of their rights under the National Labor Relations Act.” Read more»

NLRB Final Rule Requiring All Employers (Even Nonunion Employers) to Post Notice of Employee Rights Under the NLRA Delayed Until January 31, 2012 (Morgan Lewis):

“According to the Board, the delay will ‘allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.’ No changes to the form or content of the notice were made. The Board did not announce any specific plans for ‘enhanced education’ or ‘outreach to employers.’” Read more»

NLRB Delays Date for Compliance with Union-Rights Posting Requirement (Wilson Sonsini Goodrich & Rosati)

“The new rule has been highly controversial since the NLRB first proposed it in December 2010. Indeed, the comment period on the proposed rule was extended in light of the intense interest it generated, much of it negative. This scrutiny has only increased since the NLRB formally enacted the rule and set an initial deadline of November 14, 2011, for compliance.” Read more»

NLRB Postpones Notice Posting Requirement (Akerman Senterfitt):

“Two lawsuits filed in federal court [challenging the rule] … were consolidated this week, and the judge requested the NLRB to delay the effective date of the posting requirement to give the court time to properly consider the issues.” Read more»

Board Postpones Implementation Date of New Posting Requirement (Ford & Harrison LLP):

“The Board’s statement does not address the lawsuits that have been filed by business groups challenging the validity of the rule.” Read more»

NLRB Postpones Employee Notification Rule’s Effective Date (McNees Wallace & Nurick LLC):

“Regardless of the NLRB’s actual motivation, the decision to delay the notice-posting rule’s effective date gives most private-sector employers a reprieve from posting the controversial notice.” Read more»

National Labor Relations Board Delays Start of Rule Requiring Employers to Post a Notice About Workers’ Labor Law Rights (Foley Hoag LLP):

“… yesterday’s announcement comes in the wake of widespread criticism of the rule, including legal challenges from several business groups such as the U.S. Chamber of Commerce, which allege that the rule is beyond the NLRB’s authority.” Read more»

NLRB Delays Employee Rights Mandatory Posting (Dinsmore & Shohl LLP):

“On September 29, 2011 draft legislation began circulating on Capitol Hill which, among other things, would curtail any appropriations to finance implementing or enforcing the Notice of Labor Rights regulation recently finalized by the National Labor Relations Board.” Read more»

NLRB Delays Effective Date Of Notice Posting Rule (Siegel, O’Connor, O’Donnell & Beck, P.C.): 

“The National Labor Relations Board has just announced that it will delay the implementation date of its notice posting rule…” Read more»

NLRB Poster Requirement Delayed Until 1-31-12 (Tammy Ensslin):

“The National Labor Relations Board (NLRB) has postponed the implementation date for its new notice-posting rule by more than two months.” Read more»

NLRB Delays Deadline for Posting New Notice (Fisher & Phillips LLP)

“The Board’s stated reason for delaying the posting deadline is ‘to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.’ No other changes in the rule, or in the form or content of the notice, have been announced.” Read more»

NLRB Posting Rule Postponed (Lowenstein Sandler PC):

“… controversy surrounding the regulation continues to abound, including lawsuits to bar implementation. Certainly much can change between now and January 31, 2012.” Read more»

THE NLRB POSTER Much Ado About Nothing or a Sea Change in Employee Relations? (Update) (Sands Anderson):

“While the future implementation of the rule remains in some doubt, employers would be wise to understand and address the requirements of the rule and plan for it to take effect.” Read more»

NLRB Postpones Notice Posting Requirement (International Lawyers Network):

“On October 5, 2011, amid substantial criticism from Congress, and legal challenges by employer associations, the NLRB announced that it is postponing the effective date of its notice posting requirement to January 31, 2012.” Read more»

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