Not So Fast II: NLRB Again Delays Employer Posting Requirements

As we wrote before, the National Labor Relations Board (NLRB) is requiring employers to post a notice informing employees of their rights under the National Labor Relations Act (NLRA). Just before Christmas, the NLRB announced that it is delaying the posting deadline from January 31 until April 30, 2012. Various business groups have filed a lawsuit challenging the posting requirement, and the federal court that is hearing the case requested more time to consider pending motions.

The latest announcement follows an earlier delay. As we wrote in October, the NLRB unilaterally set back the earlier deadline for compliance from November 14, 2011 to January 31, 2012 “to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.”

Assuming no further delay, the April 30 posting requirement will apply to all private-sector employers subject to the NLRA – including those that have no union. Agricultural, railroad and airline employers are not covered.

If you have any questions about compliance with NLRB requirements, please contact the Foster Pepper Employment and Labor Relations Practice Group.

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