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National Labor Relations Board Delays Deadline for Posting of Employee Rights Notice
Oct. 5, 2011
The National Labor Relations Board announced on October 5 that it has decided to delay until January 31, 2012, the deadline for the posting of its controversial Employee Rights notice. The notice would advise employees of their right to organize and to engage in concerted activity.
According to the NLRB's news release, the deadline was postponed "in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses." It continued by adding, "[t]he decision to extend the rollout period followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board’s jurisdiction, and was made in the interest of ensuring broad voluntary compliance. No other changes in the rule, or in the form or content of the notice, will be made."
Business groups, including the U.S. Chamber of Commerce, the National Association of Manufacturers (NAM) and the National Federation of Independent Businesses (NFIB), have filed lawsuits challenging the NLRB's notification rule and posting requirement. The Chamber's suit says that the notification rule is not authorized by federal law, is arbitrary and capricious, and violates the First Amendment.
Copies of the required notice can be obtained from the NLRB's website.
The NLRB has published a set of Frequently Asked Questions addressing the notification rule. The NLRB says that the FAQs will be "updated frequently as new questions arise."
We will be monitoring this issue closely, including the status of pending litigation challenging the legality of the NLRB's rule, and will provide further updates as developments occur.