The National Labor Relations Board (NLRB) has delayed its new notice-posting rule indefinitely. The posting requirement applies to both union and nonunion employers, and it requires employers to notify their employees of their rights under the National Labor Relations Act (NLRA) and to explain what types of employer and union behavior might violate the NLRA.  

The rule originally was meant to take effect in November 2011, but it was delayed several times (most recently until April 30, 2012) and now has been put on hold indefinitely as the result of a federal district court decision finding that the NLRB exceeded its authority when it created the posting requirement. Because another federal district court upheld the agency's rulemaking authority in March, the D.C. Circuit Court of Appeals issued an injunction last week that prohibits the NLRB from implementing the notice posting rule until the conflict is resolved. The court also is requiring briefs and oral arguments addressing the notice-posting rule to be filed in September 2012. As a result, the new posting requirement will not take effect until after these claims are resolved later this fall. Flores Financial's HR Department will keep you up to date on this important matter.