Preventive Law for Employers
Federal Employment Law, Kiernan's Corner, NLRB Labor Law

NLRB posting rule enjoined–April 30 deadline cancelled

A little-known fact is that National Labor Relations Act covers all employers enagged in interstate commerce–not just union shops.  Last year, the National Labor Relations Board (NLRB) issued a rule that would require all employers subject to the Act to post notices informing employees of their rights under the NLRA.  The orginal deadline for employters to post the notice was 11/30/11, but, after several court challenegs to the rule were filed, the NLRB pushed the date back to 4/30/12.

Now that deadline is gone, since the U.S. Court of Appeals for the District of Columbia Circuit has granted a request to halt the implementation of the rule until it resolves appeals from a lower federal  court, in which the NLRB’s authority to promulgate the rule was upheld.  You can read the  DC Circuit opinion here.  The appeals court has expedited its review of the lower court’s case and will hear oral arguments in September, 2012.

So you can roll up that NLRB poster and put it back in the storage closet–for now, at any rate.

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Ann Kiernan is an employment lawyer who has been practicing law in New Jersey for more than 30 years. She represents only employers and management and regularly provides management training companies big and small. Employment law is constantly changing, and Ann is familiar how these changes affect employers. To keep up-to-date and learn what issues are currently affecting businesses and employers in New Jersey, read the blog.

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