By: Kristofor L. Hanson

Yesterday, with implementation less than two weeks away, the United States Court of Appeals for the District of Columbia enjoined the National Labor Relations Board from implementing or enforcing its proposed employee rights posting rule until the court has decided whether the rule is lawful. Implementation had been set for April 30, 2012. The Court of Appeals premised the injunction on recent, conflicting decisions in federal district courts in the District of Columbia and South Carolina relating to the power of the NLRB to issue a rule requiring employers to post notices of employee rights.

Appeals of these decisions have been filed and the Court of Appeals for the D.C. Circuit is scheduling oral arguments for September 2012. A written decision will follow as will likely appeals to the United States Supreme Court. Therefore, implementation may not occur for many months, if the rule survives these court challenges.

We will keep you informed regarding developments with the posting rule and its implementation.

If you have any questions about this material, please contact Kris Hanson or any other attorney you have been working with here at Lindner & Marsack, S.C.