NLRB Delays Controversial Notice-Posting Rule: Final Implementation Uncertain

October 6, 2011

On October 5, 2011,
the National Labor Relations Board postponed the date for employers to comply
with its new notice-posting rule to January 31, 2012. The rule has generated
significant controversy and criticism from business groups and has been subject
to several legal challenges.

The notice-posting
rule, published in the Federal Register on August 30, 2011 and originally
expected to go into effect on November 14, 2011, requires most private
employers to post a "Notice of Employee Rights," informing employees
of their rights to form or join a union under federal labor law.

Final implementation
of the Rule may depend on the outcome of pending legal challenges. A Federal
District Court judge for the District of Columbia has consolidated two lawsuits
asking the court to declare the Board’s rule unconstitutional and to prevent it
from going into effect. That court is expected to issue a decision before the
new January 31, 2012 effective date. A third lawsuit is pending in South

In announcing the
decision to delay implementation, the NLRB explained that the delay was
"in order to allow for enhanced education and outreach to employers,
particularly those that operate small and medium-sized businesses."  

If you have any
questions about the information presented here, or any other employment law
concern, please Laurie F. Rubin, the
author of this alert, or Daniel S. Tarlow, chair
of the Employment Law Group.
You can reach Laurie at 617 456 8020 or,
or Dan at 617 456 8013 or

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