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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.

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About this Author

Justin Keith, Greenberg Traurig, employment lawyer, discrimination legal counsel, reductions in force attorney, wage and hour class actions law

Justin F. Keith 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 is experienced with wage and hour class actions brought under the Massachusetts Wage Act and nationwide collective actions under the Fair Labor Standards Act.

Justin regularly provides counsel to senior management and human resource personnel on employment law compliance matters, such as reductions in force, leaves of...