NLRB Notice Requirement Postponed Again

Scott E. Schaffer, Esq. • May 25, 2012

The National Labor Relations Board has been engaged in a protracted legal fight to force private sector employers to post a new notice informing employees of their rights under the National Labor Relations Act, including the right to organize. A copy of the notice can be obtained here. The Board’s latest position that the posting had to be displayed by April 30, 2012, was enjoined on April 29 by the U. S. Circuit Court of Appeals for the D.C. Circuit, pending the outcome of arguments regarding the postings legality scheduled for September 2012.

Originally the posting date was November 14, 2011. It was then moved to January 31, 2012, and then to April 30, 2012. Employers need not post the notice at this time, but should monitor the situation closely to see if the court permanently enjoins the posting requirement, or changes it in any way.