Employers not required to post NLRB’s notice of employee rights
January 23, 2014
The National Labor Relations Board (NLRB) posting rule has been laid to rest.
The NLRB had issued a rule in 2011 requiring most private sector employers to post a notice telling employees of their rights under the National Labor Relations Act (NLRA).
The requirement was scheduled to go into effect in April 2012, but was held up by legal challenges. The Fourth Circuit Court of Appeals and the District of Columbia Circuit Court of Appeals both struck down the requirement, with the Fourth Circuit stating that the Board does not have the authority to create notice requirements.
On January 6, 2014 the Board gave up its battle to require employers to post the notice when it announced that it will not seek Supreme Court review of the Appeals Court decisions. As a result, private employers will not need to post the NLRB’s notice of employee rights in the workplace.
The posting remains available on the NRLB website and can be displayed voluntarily.