D.C. Circuit Enjoins NLRB Employee Rights Posting Requirement – Deadline for Compliance Delayed Pending Resolution of Legal Challenges

The U.S. Court of Appeals for the D.C. Circuit entered an order yesterday in National Association of Manufacturers v. National Labor Relations Board, enjoining an NLRB posting requirement that would require most private sector companies to post a Notice of Employee Rights under the National Labor Relations Act in their workplaces. The D.C. Circuit ruling came on the heels of the District of South Carolina’s opinion last Friday in the Chamber of Commerce v. NLRB case, which held that the NLRB exceeded its authority when it approved the posting requirement.

As we reported Monday in the Employment Law Alert, the deadline for employers to comply with the NLRB’s posting requirement had been set for April 30, 2012. Following the D.C. Circuit’s ruling, the NLRB announced that in light of the D.C. Circuit order and “the strong interest in the uniform implementation and administration of agency rules,” it will not implement the final rule requiring posting of the employee rights notice until the legal challenges to the rule are resolved by the courts. Accordingly, employers are not required to comply with the posting requirement until further notice.

The Employment Law Alert will continue to follow this issue and will post additional updates as they become available. In the meantime, if you have questions regarding the NLRB Notice of Employee Rights or its implications for your company, please contact an attorney in the Gibbons Employment & Labor Law Department.