NLRB Extends Deadline for Posting Notice of Employees' Rights Under the National Labor Relations Act

October 13, 2011 Advisory
As previously reported [September 2011 Client Alert], last month the National Labor Relations Board ("NLRB") issued a Final Rule requiring that private sector employers subject to the NLRB's jurisdiction post a notice informing employees of their rights under the National Labor Relations Act ("NLRA"). On October 5th the NLRB announced that the deadline for employers to post the notice (now available for download here) has been extended from November 14, 2011 until January 31, 2012. According to the NLRB, the postponement was prompted by inquiries from businesses and trade organizations indicating uncertainty as to who was covered by the Final Rule and to provide the NLRB additional time to conduct outreach and education concerning the scope of the Final Rule. The NLRB has indicated that no further changes will be made to the Final Rule or the content of the required notice.

While the postponement merely provides employers a temporary reprieve from the posting requirements, there are at least two lawsuits currently pending challenging the authority of the NLRB to issue this Final Rule. We will continue to monitor these suits and provide updates as developments warrant.

The NLRB has published answers to frequently asked questions relating to coverage and other pertinent matters, which can be accessed here.