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Confusion Causes Delay for Requirement for NLRB Posting until January 31, 2012

The National Labor Relations Board (NLRB) has postponed the implementation date for its new rule requiring the posting of employees’ rights under the National Labor Relations Act by more than two months. The effective date of the posting rule is now January 31, 2012 — moved from November 14, 2011.

No other changes in the rule, or in the form or content of the notice, will be made, the NLRB stated.

According to the NLRB, the posting date was delayed in order to allow for enhanced education and outreach to employers, particularly those who operate small- and medium-sized businesses. The decision followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the NLRB’s jurisdiction.

Most private sector employers will be required to post the 11-by-17-inch notice of employee rights under the National Labor Relations Act (NLRA). The requirement applies to most private employers who are subject to the NLRA. Workplaces with or without union representation are included. There are some narrow exceptions, however, particularly for employers with small gross annual business volume.

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