Yesterday, October 5, 2011, the National Labor Relations Board’s (“Board”) Office of Public Affairs announced that the Board has elected to postpone the implementation of its new “Final Rule” requiring employers to notify employees of their rights under the National Labor Relations Act. Under the new rule, which was to become effective on November 14, 2011, private-sector employers whose workplaces fall under the National Labor Relations Act would have been be required to conspicuously post the employee rights notice [an 11-by-17 inch poster] where other workplace notices are typically posted—including on intranet or internal sites if workplace rules and policies are customarily posted there.

According to the Board’s Office of Public Affairs, the Board “has postponed the [November 14, 2011] implementation date for its new notice-posting rule by more than two months [now, effective January 31, 2012] in order to allow for enhanced education and outreach to employers….”

The Board’s decision to postpone the implementation date for the new “notice-posting” rule comes on the heels of several lawsuits filed against the Board challenging the legality of the notice-posting requirement, including suits brought the National Association of Manufacturers, the National Federation of Independent Businesses, the U.S. Chamber of Commerce, and several small businesses. Thus, private-sector employers are not required to post until January 31, 2012—unless the legal challenges are successful and the posting requirement is eliminated. Please follow this blog to receive timely updates on this subject and other pertinent topics.

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