A previous Bose McKinney & Evans alert explained the National Labor Relations Board (NLRB) recently enacted a new rule requiring both union and non-union employers to post a notification of employee rights under the National Labor Relations Act. This rule has faced court challenges from business groups, including the U.S. Chamber of Commerce and the National Association of Manufacturers, contending that the NLRB lacks authority to require the posting. The rule was originally scheduled to become effective in November 2011. As a result of these challenges, the deadline for compliance with the new rule has been delayed by the NLRB, first until January 31, 2012, and then until April 30, 2012.
Last week, the U.S. Court of Appeals for the District of Columbia issued an order enjoining the NLRB from implementing the rule on April 30, 2012. This decision came after a federal district judge in South Carolina ruled that the NLRB lacks statutory authority to implement the rule. As a result, the deadline for compliance has been delayed again - this time indefinitely.
Bose McKinney & Evans will continue to keep you posted on any further developments with respect to this rule. If you have any questions, please contact your Bose McKinney & Evans labor and employment law attorney.