NLRB Delays Deadline for Posting New Notice

The National Labor Relations Board announced on October 5, 2011, that it will delay the requirement that most private employers in the U.S. post a controversial new notice until January 31, 2012. The Board had issued a Final Rule in August, requiring all employers covered by the National Labor Relations Act to post an 11" x 17" "Notification of Employee Rights under the National Labor Relations Act." At the time, the posting requirement was to become effective 75 days after publication of the Final Rule in the Federal Register, which would have been November 14, 2011.

The Notice informs employees of their legal rights under the National Labor Relations Act, and essentially gives them a road map for filing unfair labor practice charges against their employers. The Notice was, and is, strongly opposed by many employers, chambers of commerce and other organizations.

The Board's stated reason for delaying the posting deadline is "to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses." No other changes in the rule, or in the form or content of the notice, have been announced.

Fisher Phillips strongly recommends that employers review the Final Rule to determine whether they are covered by it and, if so, obtain appropriate legal advice regarding compliance. For more information or contact your regular Fisher Phillips attorney.

This Legal Alert provides information about a specific agency ruling. It is not intended to be, and should not be construed as, legal advice for any particular fact situation.