On October 5, 2011, the National Labor Relations Board announced that it has postponed the implementation date for its new Notice Posting Rule by more than two months in order to allow for “enhanced education and outreach to employers,” particularly those who operate small and medium sized businesses. The posting requirement for most private employers was originally set to become effective on November 14, 2011.
The new effective date of the rule is January 31, 2012.
The decision to extend the rollout period followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board’s jurisdiction and was made in the interest of ensuring broad voluntary compliance. No other changes in the rule, or in the form or content of the notice, will be made.
The rule is also the focus of litigation and Congressional budget scrutiny. For now, private employers need not post the NLRB Employee Rights poster and should await further developments. Governmental employers are not covered by the Notice Posting Rule.
Please refer to our August 29, 2011 Employment Law News Alert “NLRB Issues Final Rule Requiring Private Employers to Post Notice of Employee Rights” for more detailed information about the Notice and employer obligations.
Should you have questions, please contact your regular Hall Render attorney or a member of our Employment and Labor Section.
