Southwest Florida Employment Law Blog : Southwest Florida Employment and Labor Lawyers & Attorneys for Discrimination Lawsuits and Civil Rights Cases in Fort Myers, Bonita Springs & Sanibel FL

The past few days have not been pretty for the National Labor Relations Board ("NLRB") and its controversial Notice of Employee Rights poster requirement.   Last Friday, a South Carolina federal district court found the proposed notice-posting rule invalid.  Today, the DC Circuit Court of Appeals entered an injunction temporarily barring the NLRB from enforcing the notice-posting rule.  In response to the DC Circuit's ruling, NLRB Chairman Mark Gaston Pearce confirmed that regional NLRB offices will not enforce the rule pending resolution of these issues.  The DC Circuit will hear oral argument in September 2012.

What does this mean for you?  It means the poster requirement, which was set to go into effect April 30, is on hold yet again, and you do not need to post the notice.  This time, it's on hold until at least the Fall of 2012.

If you would like more background on the notice-posting rule, click here to access my previous posts on the issue.  We will continue to update you as this seemingly never ending saga continues to unfold. 

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As of today, the National Labor Relations Board ("NLRB") reversed course on its new notice requirement, which I have discussed in prior posts (here and here).   The NLRB has pushed the posting requirement back to January 31, 2012 to allow for "enhanced education" and "outreach to employers."  You can read the press release here.

Though the NRLB just publicized its decision to delay the posting requirement today, there is already speculation about the reasons for the delay.  It's no secret many businesses were unhappy with the new posting requirement, not to mention a lawsuit attempting to block the posting requirement is currently pending in federal court.  Whatever the reason, all workplaces can put the poster on hold for now. 

I'll continue to post updates as this story unfolds.

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In follow up to my post on the new NLRA Employee Rights Notice requirement, the NLRB has released the official poster on its website.  Click here to download a copy. 

The posting requirement is effective beginning November 14, 2011.  Remember, this applies to most private employer, regardless of whether or not the workplace is unionized.  If you have questions about whether the new notice requirement applies to you, please let us know.

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Last week, the National Labor Relations Board issued a Final Rule requiring employers to post a notice informing employees of their rights under the National Labor Relations Act.  The Final Rule, entitled "Notification of Employee Rights Under the National Labor Relations Act, contains a long list of employee rights, and many examples of unlawful employer conduct. 

The notice requirement takes effect November 14, 2011.  Copies of the notice will be available on the NLRB's website beginning November 1, 2011.  The notice should be posted in the location where employers post other required notices.  Additionally, if employers typically post workplace rules on an internet or intranet site, the employer must also post the notice on that site. 

You're probably thinking, "Why do I care, we don't have a union," right?  Wrong!  This new posting requirement applies to both union AND non-union employers subject to the NLRA, which means it covers just about every private employer.  There are limited exceptions, including agricultural, railroad, and airline employers, but it applies to the vast majority of workplaces.

The NLRB has posted a helpful Q&A on the Final Rule, which can be found here.  Be sure to post the notice no later than November 14, 2011, as failure to properly post the notice may constitute an unfair labor practice under the Final Rule.  If you have questions about the notice or whether you're required to post it, please contact counsel to discuss.

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