Practice Areas

NLRB "Employee Rights" Posting Further Delayed

December 28, 2011

Faced with pending legal challenges, the National Labor Relations Board once again delayed implementation of its Employee Rights posting requirement. Originally, employers subject to the NLRB's jurisdiction were required to display the Employee Rights poster by no later than November 14, 2011. That deadline was extended to January 31, 2012. The most recent extension postponed the implementation date until April 30, 2012.

The controversial Employee Rights poster sets forth employees' rights under the National Labor Relations Act, including the right to form or join a union and the right to strike or establish picket lines. The poster also lists certain employer conduct which is prohibited under the NLRA.

The posting requirement has been challenged by employer groups in separate lawsuits filed in the District Court of the District of Columbia and the District of South Carolina challenging the NLRB's authority to require employers to display the poster. The additional delay was announced in order to "facilitate the resolution of legal challenges."

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