NLRB Delays Effective Date of Employee Rights Notice Posting

In the face of a motion for preliminary injunction filed in National Manufacturers Association v. NLRB, et al., Case No. 1-11-cv-01629 (D. DC), the NLRB agreed to delay the effective date of its rule requiring all employers to post a Notice of Employee Rights (“Notice”) until January 31, 2012. Originally, the effective date for posting the Notice was to be November 14, 2011.

The preliminary injunction motion filed by NAM asked the Court to enjoin enforcement of the Notice requirement pending the Court’s determination of whether the NLRB has the statutory power to require the posting. A briefing schedule has now been established which will enable the Court to make such determination before the new January 31, 2012 effective date.

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