• RoadOne IntermodaLogistics
  • Acquisition of the logistics operations of RoadLink USA, Inc. and certain affiliates
  • Massachusetts Clean Energy Technology Center
  • Series A Preferred Stock Investment in 7AC Technologies, Inc.
  • National Dentex Corporation
  • Public company merger with GeoDigm Corporation

National Labor Relations Board Posting Rule Postponed

Nancy Puleo October 6, 2011

As we reported last month, the National Labor Relations Board (“NLRB”) issued a new rule requiring all private sector employers within its jurisdiction to post a notice informing employees of their rights under the National Labor Relations Act (“NLRA”). The rule affects most private sector employers regardless of whether or not their employees are represented by a union. The rule was originally scheduled to take effect on November 14, 2011.

Yesterday, the NLRB postponed the effective date of the rule to January 31, 2012.  The NLRB’s stated reason for the postponement is to “allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.”  The NLRB cited confusion over which businesses fall within the jurisdiction of the statute.  Unlike many employment laws, coverage does not depend on a minimum number of employees, but rather the extent to which a company engages in interstate commerce.  The gross volume of business thresholds for various industries are very low; therefore, essentially all private sector employers are subject to the NLRA.  Notably, the rule is also the subject of several pending legal challenges. 

We will continue to monitor the legal developments that could further alter the notice posting requirement.  In the meantime, if you have any questions about whether your business is covered by this new rule or general questions about the rule, please contact Nancy J. Puleo or any other attorney in our Employment Group.

This Alert is provided for information purposes only, and does not constitute legal advice.  According to Mass. SJC Rule 3:07, this material may be considered advertising. ©2011 Posternak Blankstein & Lund LLP.  All rights reserved.

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