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Log In / Register | Jul 20, 2018

NLRB Delays Requiring Employers to Post Rights to Unionize

Franchisees and other employers get a short extension of time before they have to comply with the controversial new rule.

     The National Labor Relations Board (NLRB) has postponed the implementation date for its new notice-posting rule by more than two months in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.  The posters are required to explain to employees their rights to unionize under the National Labor Relations Act.  The rule will apply to union and non-union workplaces.  The posting requirement is similar to the current posting requirements as to the wage and hour requirements under the Fair Labor Standards Act or protections against employment discrimination under Title VII and the Equal Employment Opportunity Commission.

     The new effective date of the rule is now  January 31, 2012. The rule was originally scheduled to go into effect November 14, 2011.

     The decision to extend the rollout period followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board's jurisdiction, and was made in the interest of ensuring broad voluntary compliance. No other changes in the rule, or in the form or content of the notice, are expected to be made.  However, several business groups including the U.S. Chamber of Commerce have sued to block the rule, alleging it oversteps the NLRB's authority, but no Court has issued a decision yet.

     Most private sector employers will be required to post the 11-by-17-inch notice, which is available at no cost from the NLRB through its Web site (, either by downloading and printing or ordering a print by mail.

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