NLRB Postpones Notice Posting Deadline
December 26, 2011
Todd D. Steenson- Chicago
Posting Requirement Now Set to Take Effect April 30, 2012
On December 23, 2011, the National Labor Relations Board announced that it is postponing until April 30, 2012 the requirement that employers subject to NLRB jurisdiction post a notice informing employees of their federal labor law rights.
As we discussed in previous Holland & Knight Alerts (including on September 19, 2011), the NLRB’s notice posting rule would require employers to post an 11 inch-by-17-inch notice form describing employee rights in all places where notices to employees customarily are published, and to publish the notice on an intranet or Internet site if the employer customarily uses such media to communicate with employees about employment rules and policies.
The posting requirement was originally scheduled to take effect November 14, 2011, but the Board previously postponed the deadline to January 31, 2012, stating that additional time was needed “in order to allow for enhanced education and outreach to employers.”
The notice posting rule has been challenged in two lawsuits currently pending in federal courts in Washington, D.C. and South Carolina. Employer groups have asked the courts to rule the posting rule unlawful and to block its enforcement.
In its statement postponing the posting deadline until April 30, 2012, the NLRB said that “postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule.”
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