As of April 17th, 2012, the deadline for employers to post the Employee Rights Notice has been postponed due to legal action. The April 30 deadline is now on hold pending appeal by the National Labor Relations Board (NLRB) in response to a ruling by the Court of Appeals for the District of Columbia Circuit. The Court enjoined the National Labor Relations Board from enforcing a regulation that would have required most private sector employers in the United States to post a notice of employee labor law rights beginning April 30 (Nat’l Ass’n of Mfrs. v. NLRB, D.C. Cir., No. 12-5068, injunction pending appeal 4/17/12).
In response, NLRB announced its regional offices will not implement the disputed rule, but the agency will defend the rule in the D.C. Circuit and plans to appeal an adverse ruling that was issued April 13 by the U.S. District Court for the District of South Carolina.
“We continue to believe that requiring employers to post this notice is well within the Board’s authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law,” Chairman Mark Gaston Pearce said in a statement released by NLRB.
Rule Covers Employers Under NLRB Jurisdiction.
This is the third time the NLRA posting deadline has been set, and then delayed. If you have already posted the notice or are using a poster that contains the notice you do not have to remove the notice or the poster to remain in compliance with NLRB requirements at this time, as this posting rule has not been repealed, just delayed. Employers may also chose to remove the notice until the final ruling.
