Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Alert

Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

October 4, 2011

NLRB Adopts Notification Rule

In December 2010, the National Labor Relations Board ("NLRB") issued a proposed rule that would require employers subject to the National Relations Act (the "Act") to post notices informing employees of their rights under the Act. Over 7,000 comments were received in response to the proposed rulemaking, the vast majority against the proposed rule. The opposition to the rule notwithstanding, on August 30, 2011, the NLRB issued its final rule requiring the posting of such notice. The Rule applies to all employers covered by the Act, which includes all but the very smallest private employers. The Act does not apply to employers who do less than $50,000 in interstate commerce in a year. The Rule was to take effect November 14, 2011 and the Board has published a poster that will satisfy the requirements of the Rule; however, the Board recently postponed the implementation of the posting requirement to January 31, 2012.

On September 9, 2011, the National Association of Manufacturers filed an action in federal court in the District of Columbia challenging the NLRB's authority to issue the rule. Similarly, on September 19, 2011, the South Carolina Chamber of Commerce and the United States Chamber of Commerce filed an action in federal court in South Carolina challenging the legality of the rule. The South Carolina Action seeks a preliminary injunction enjoining enforcement of the rule pending the Court's determination of the merits of the challenge. The Court has yet to rule on that request. At the current point in time, therefore, the Rule stands and its revised effective date of January 31, 2012 remains. If the federal courts grant the requested injunctive relief, requirements to post the notice may not come into effect.

What happens if an employer does not comply with the Rule. If the NLRB finds that the failure to comply was inadvertent, it will offer the employer the opportunity to comply. If the NLRB finds that the failure to comply was intentional, an unfair labor practice could be filed against the employer. In addition, the Rule contains a provision that tolls the six month statute of limitations for the filing of an unfair labor practice charge where the employer has failed to make the required posting unless the employer can demonstrate that the employee received actual or constructive notice that the conduct complained of was unlawful.

If you have any questions or require our assistance in reviewing your policies or conducting management training, please contact the Hiscock & Barclay lawyer with whom you normally work or any attorney in our Labor & Employment practice area.

Subscribe

Click here to sign up for alerts, blog posts, and firm news.

Featured Media

Alerts

NYS Governor Hochul's Budget Places the Future of the CDPAP RFO in Doubt

Alerts

Website Accessibility Lawsuits: Mizrahi Kroub LLP, Attorneys for Serial Tester Plaintiffs, Now Targeting Businesses in New York State Court

Alerts

NYS Governor Hochul Vetoes Proposed Grieving Families Act

Alerts

New Notification Requirements for Industrial Development Agencies

Alerts

HHS OCR Bulletin: Health Care Providers' Websites and Apps Could Contain HIPAA-Noncompliant Tracking Technologies

Alerts

EPA Finalizes Waters of the United States Rule

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out