July 26, 2014

D.C. Circuit enjoins enforcement of NLRB’s notice-posting rule pending appeal

The soap opera that has become the NLRB’s notice-posting rule continues. As we reported last week, there is a split in the courts over whether the NLRB has the authority to require private-sector employers to post a “Notice of Employee Rights.” The first court to consider the issue upheld the posting requirement, while striking down most of the rule’s enforcement mechanisms. That decision is current on appeal to the United States District Court for the District of Columbia Circuit.

Last week, the United States District Court for the District of South Carolina struck down the rule in its entirety, thereby creating doubt as to whether employers have to comply with the rule as of April 30.

Today, the D.C. Circuit granted a motion to enjoin enforcement of the rule pending appeal. The court also ordered expedited briefing, with final briefs due on June 29, 2012. The court will likely hold oral argument and issue a decision sometime late in the summer or thereafter.

As a result of today’s order, the notice-posting rule will not take effect April 30, 2012. We will continue to monitor this issue and report on developments as soon as they occur.

©2014 Greenberg Traurig, LLP. All rights reserved.

About the Author


Justin F. Keith is an associate in the Boston office of Greenberg Traurig, LLP. He represents employers in all areas of labor and employment law, including litigation of discrimination, harassment and retaliation claims, reductions in force, and numerous other personnel and workplace issues. He frequently represents employers in wage & hour class and collective actions in state and federal court.  


Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.