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Controversial NLRB Posting Requirement Delayed Again
Alert
01.17.2012
On December 23, the National Labor Relations Board announced a second postponement of the effective date of a proposed employee rights notice-posting rule. The NLRB's new implementation date is now April 30, 2012.
This is the second time that the NLRB has pushed back the effective date of the new posting requirement. Originally, employers were expected to comply with the regulation by Nov. 14, 2011, which was pushed back to January 31.
This controversial regulation requiring employers to post a notice describing employee rights to unionize and other related information is the subject of a lawsuit pending in the U.S. District Court for the District of Columbia. According to the NLRB, this second postponement was done in response to a recommendation from Judge Amy Berman Jackson of the federal district court of the District of Columbia, who is currently hearing one of two legal challenges to the new requirement.
At a December 19 hearing, Judge Berman Jackson highlighted the complexities of the issues and encouraged NLRB representatives to consider delaying implementation until the court had reached an opinion. A similar lawsuit contesting the requirement has been filed by the U.S. Chamber of Commerce and the South Carolina Chamber of Commerce.
The posters outline very specific guidelines regarding employee rights. The rule itself requires that every employer covered by the National Labor Relations Act physically post a 11x17" notice of employees' rights at "conspicuous places…readily seen by employees, including all places where notices to employees…are customarily posted" and any employer that "customarily communicates" via Intranet or Internet with its employees as to "personnel rules or policies" must display an exact copy of the Notice on such site(s), or a link to the NLRB's Website that reads, "Employee Rights under the National Labor Relations Act."
Questions?
Contact Labor and Employment attorney Matthew LaMourie with questions on this NLRB employee rights notice-posting rule or other employment law issues. Email Matt at mlamourie@preti.com or call 207.791.3000.