Legal Pushback From Businesses Delays NLRB Posting Regulation

Collins & Lacy Employment Law Practice Group Chair Christian Boesl reports in the latest Employment Law Answers E-Newsletter:

The National Labor Relations Board (NLRB) has agreed to postpone its regulation requiring employers to post a notice informing employees of their right to organize a union. The NLRB says it has determined postponing the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule. One of those legal challenges was filed by the South Carolina Chamber of Commerce. According to the NLRB, the new implementation date will be April 30, 2012; it was January 30, 2012. This is at least the second time the regulation has been pushed back to a later date.

If the new date sticks, South Carolina businesses would be required to post a notice informing employees of their right to organize a union and further informing them of their rights under the National Labor Relations Act. There are a few industries that are exempt from this obligation. The exempt include independent contractors, public sector, railroad, airlines, United States Postal Service, and small employers that conduct less than $50,000 in business in interstate commerce. All others, not just those that are already union-oriented, will need to comply by the end of April 2012.

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