Skip to content

NLRB Postpones New Posting Requirement

In follow up to our previous post on April 13, 2011, the proposed rule to require employers covered by the National Labor Relations Act (“NLRA”) to post workplace notices describing employees’ rights under the NLRA has been delayed into 2012.  The stated purpose of the proposed rule is to inform employees of their rights to form, join, or assist labor organizations, to bargain collectively, and to act together to attempt to improve their working conditions, or to choose not to do any of these things, as well as to inform employees of where to seek help in understanding those rights.

The rule was to go into effect in November 2011 but just last week the NLRB announced that implementation of the rule has been postponed until January 31, 2012.  According to the NLRB’s announcement of the postponement, the “decision to extend the rollout period followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the [National Labor Relations] Board’s jurisdiction, and was made in the interest of ensuring broad voluntary compliance.”  As discussed in our previous post, an employer’s failure to post the notice carries a variety of sanctions.  Employers subject to the NLRB ‘s jurisdiction should stay tuned for further updates concerning the status of the posting requirement.