09/13/2012

NLRB's Employee Rights Posting Rule on Hold

The NLRB has issued a rule requiring a posting in the workplace of a notice informing employees of their rights to organize and seek union representation under the law. In separate actions filed in two federal district courts, one judge upheld the posting requirement but struck down the rule’s main enforcement provisions. In the other lawsuit, the rule was stricken in its entirety. As a result, the rule has been suspended pending the resolution of separate appeals before the DC Circuit and the Fourth Circuit. Obviously, those decisions could be inconsistent with each other, and so the dispute may not even be resolved at the circuit court level. We will keep clients informed of the status of the rule.