Amidst resistance and apparent confusion surrounding its new employee rights notice-posting rule, the National Labor Relations Board (NLRB) has pushed back the rule’s effective date by more than two months. Employers affected by the rule must now post the notice by January 31, 2012.

The rule, which requires employers to post a notice of workplace employee rights under the National Labor Relations Act, was previously slated to go into effect November 14, 2011. The NLRB says it has postponed the rule’s implementation to allow for more time for employer education and outreach, especially for small and medium-sized businesses, and to ensure broad voluntary compliance.

The NLRB initially announced the rule in August and issued the poster employers are required to post last month. Several employer organizations and individual employers, including the National Association of Manufacturers and the National Federation of Independent Business, filed two lawsuits seeking to overturn the rule and enjoin its enforcement in September. Both suits, currently pending before the U.S. District Court for the District of Columbia, were consolidated by the court on October 4. In light of the new effective date, the court has denied the plaintiffs’ preliminary injunction motions as moot.

Ballard Spahr's Labor and Employment Group routinely assists employers in complying with the National Labor Relations Act and responding to charges of violations. Additionally, the Group has extensive experience in counseling employers facing union organizing campaigns.  


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