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The NLRB Postpones the Implementation of its New Posting Rule

By: Nick Nykulak | 10/7/2011 | Category: Labor Law-Posting Requirements
On October 5, 2011, the National Labor Relations Board issued a statement postponing the implementation until January 31, 2012 for its new posting requirement directed at informing employees of their rights under the National Labor Relations Act.  Previously, the Board had decided that this new posting requirement would go into effect on November 14, 2011.  The Board stated that the reason for delaying the implementation was recent inquiries from various businesses and trade associations regarding whether they fall under the Board’s jurisdiction and were required to post the notice.  In the next few months, the Board stated it would seek to further educate employers about the rule, particularly those that own small or medium sized businesses, in order to ensure broad, voluntary compliance with the requirement from employers.  The form and content of the notice previously approved by the Board will not be changed.

Several employer trade groups and business associations, including the U.S. Chamber of Commerce, have already filed lawsuits claiming the Board exceeded its authority in requiring all employers subject to the Board’s jurisdiction to post a notice regarding an employee’s rights under the National Labor Relations Act.

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