By: Melissa C. Angeline
In its October 5, 2011 press release, the National Labor Relations Board states that it has postponed the November 2011 deadline for employers to post the “Employee Rights Under the National Labor Relations Act” notice. As previously reported, the Board recently established a rule requiring most private-sector employers to post a notice of employee rights as of November 14, 2011. The Board later published the 11 x 17 inch poster on its website.
The Board explained that it decided to postpone the deadline “in order to allow for enhanced education and outreach to employers,” and thereby “ensur[e] broad voluntary compliance” with the rule. According to the Board, this decision “follow[s] queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board’s jurisdiction.”
However, the Board cautioned that the postponement should not be viewed as a sign of impending change or reversal of the rule, stating that “[n]o other changes in the rule, or in the form or content of the notice, will be made.”
This postponement will not affect pending federal lawsuits seeking to invalidate the rule. However, this delay will provide valuable time for the courts to decide whether to enjoin the rule before the new effective date of January 31, 2012.
At this point, employers need not post the notice contained on the Board’s web site, and may postpone or put on hold any orders of pre-packaged employment law posters containing the Board notice. Employers should continue to check our blog as the deadline for new developments approaches.
Melissa C. Angeline is senior counsel in the Labor & Employment Group of Cohen Seglias Pallas Greenhall & Furman PC. She concentrates her practice on representing and counseling employers in all aspects of employment law.