Today the National Labor Relations Board announced that it is postponing the implementation date for its new notice-posting to January 31, 2012. The notice-posting rule, which requires private-sector employers subject to the National Labor Relations Act to post a notice to employees informing them of their rights under the Act, was to become effective November 14, 2011.
According to the NLRB, the postponement is "to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses" following
queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board's jurisdiction, and [the postponement] was made in the interest of ensuring broad voluntary compliance.
Suppressing any potential speculation that the NLRB will modify or retract the Rule, the NLRB's notice states that "[n]o other changes in the rule, or in the form or content of the notice, will be made."
The NLRB originally announced its final notice-posting rule on August 30, 2011. Since then the National Association of Manufacturers (NAM) filed suit in the District Court for the District of Columbia, seeking to enjoin the Rule, alleging that it is "in excess of the Board's statutory jurisdiction, authority, limitations and rights." NAM has requested preliminary and permanent injunctions against implementation and enforcement of the Rule, but no ruling has been made to date.
Employers should continue to follow developments regarding the Rule because, absent an injunction, most private sector employers will be required to post the required Notice in the workplace as of January 31, 2012. We will update the blog once any new information regarding the NAM lawsuit becomes available.