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May 24, 2013

NLRB Postpones Effective Date for Employee Rights Posting Rule

The National Labor Relations Board (NLRB) has postponed the effective date for its employee rights posting rule until Jan. 31, 2012. The previous deadline was Nov. 14, 2011.

The extension of the deadline came after a federal judge asked for more time to consider arguments raised in one of several lawsuits challenging the rule, though an NLRB spokesperson stated that the extension was not related to those lawsuits. Rather, the Board said, it delayed the implementation date "to allow for enhanced education and outreach" to small and medium-sized businesses in particular.

The Board's press release, posted at www.nlrb.gov, states "[t]he decision to extend the rollout period followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board's jurisdiction, and was made in the interest of ensuring broad voluntary compliance. No other changes in the rule, or in the form or content of the notice, will be made."

The Board's final rule requires businesses to post an 11 x 17 notice that alerts workers to their rights under Section 7 of the National Labor Relations Act (NLRA), including the right to organize and join a union. The rule also requires businesses that use the Internet or an intranet site to post human resources-related information to post the NLRB notice on those sites as well.

© 2013 BARNES & THORNBURG LLP

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