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A few weeks ago, we let you know that the NLRB’s rule requiring employers to post a notice to employees by November 14, advising employees of their rights under the National Labor Relations Act—including the right to join a union—had been challenged by a lawsuit filed by the National Association of Manufacturers. That suit was followed by two more suits alleging that the NLRB lacks the authority to impose a notice posting requirement filed by the U.S. Chamber of Commerce and the National Federation of Independent Business. On October 5, the NLRB informed the judge hearing those cases that it would voluntarily delay the effective date of the notice posting requirement to January 31, 2012. The NLRB explained that the pushback was “to allow for enhanced education and outreach” to small and medium-sized businesses in particular, and was not related to the lawsuits, but most see the decision as a direct result of the suits’ challenge to the Board’s authority and the possibility that, if the Board did not delay implementation, a judge would enjoin the rule from going into effect while the legal claims are litigated. The bottom line is that, for now, the notice posting requirement remains, but employers do not have to comply until January 31, 2012. We will continue to monitor this situation and inform you of any further developments.
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