NLRB Postpones Posting Requirements

October 6, 2011

As an update to our posts on August 26 and September 26, the National Labor Relations Board (NLRB) has announced that it has postponed the implementation date of its new posting requirement to January 31, 2012.  As you may recall, on August 25 the NLRB issued a final rule that requires all employers subject to the National Labor Relations Act to notify employees of their rights under the National Labor Relations Act (NLRA).

A statement on the NLRB’s website on October 5, 2011 announces the postponed implementation of the posting requirement indicating that there is a need “to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.” The statement goes on to state that the Board decided to postpone the rule’s implementation date due to questions from businesses and trade organizations regarding which businesses fall under the Board’s jurisdiction and to ensure “broad voluntary compliance.”

What the Board failed to mention on its website are the numerous lawsuits filed by business groups challenging the validity of the rule.  (But I’m sure those lawsuits had nothing to do with this decision.)  We will continue to monitor the situation to let you know the latest on this topic when it happens.