NLRB Final Rule Requiring All Employers (Even Nonunion Employers) to Post Notice of Employee Rights Under the NLRA Delayed Until January 31, 2012

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On October 5, the National Labor Relations Board (NLRB or Board) announced that it would delay the effective date, until January 31, 2012, of its Final Rule requiring all employers subject to the Board's jurisdiction—i.e., the vast majority of employers doing business in the United States—to post a notice in the workplace informing employees of their right, among other things, to "[o]rganize a union," to "take action . . . to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government, and seeking help from a union," and to "strike and picket."

The Board's Final Rule was originally to be effective on November 14, 2011. According to the Board, the delay will "allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses." No changes to the form or content of the notice were made. The Board did not announce any specific plans for "enhanced education" or "outreach to employers."

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Morgan Lewis on:

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