Today, the National Labor Relations Board (NLRB) issued a final rule effective November 14, 2011, that will require all employers subject to the NLRB's jurisdiction (which includes nearly all employers) to post a notice informing employees of their rights under the National Labor Relations Act. Failure to do so will be deemed an unfair labor practice.

This is yet another example of the NLRB enacting labor law reform that Congress has not legislated. Federal contractors already are required to post such notices. We expect this "universal rule" to be challenged through litigation as being beyond the scope of an administrative agency such as the NLRB's lawful authority.