Legal Challenges Delay the NLRB Posting Regulation
Practice Group Chair Christian Boesl Reports:
The National Labor Relations Board (NLRB) has agreed to postpone its regulation requiring employers to post a notice informing employees of their right to organize a union. The NLRB says it has determined postponing the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule. One of those legal challenges was filed by the South Carolina Chamber of Commerce. According to the NLRB, the new implementation date will be April 30, 2012; it was January 30, 2012. This is at least the second time the regulation has been pushed back to a later date.
If the new date sticks, South Carolina businesses would be required to post a notice informing employees of their right to organize a union and further informing them of their rights under the National Labor Relations Act. There are a few industries that are exempt from this obligation. The exempt include independent contractors, public sector, railroad, airlines, United States Postal Service, and small employers that conduct less than $50,000 in business in interstate commerce. All others, not just those that are already union-oriented, will need to comply by the end of April 2012.
Reminder: All Businesses Must E-Verify by January 1, 2012
Attorney Aisha Taylor Reports:
Amendments to the South Carolina Illegal Immigration Reform Act take effect January 1, 2012. The Act has recently been challenged for its immigration enforcement requirements. However, it also has important ramifications for South Carolina businesses.
Starting January 1, 2012, all employers in South Carolina must use the U.S. Department of Homeland Security's E-Verify system to verify an employee's authorization to work legally. E-Verify is a free Internet-based system. Failure to enroll in and use E-Verify to verify new hires will result in probation for the employer or suspension/revocation of the employer's business licenses.