October 7, 2011

Deadline Moved for Mandatory Poster; Agencies Continue Pro-Labor Push

Arnold & Porter Advisory

This week, the National Labor Relations Board (NLRB) announced that it is delaying until January 31, 2012 its deadline for employers to post a notice of "Employee Rights Under the National Labor Relations Act." (Our prior alert about the notice-posting requirement is available here. The notice itself is now available for download at, though few employers will wish to post it earlier than required.) The NLRB explained the delay as allowing more time to "allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses." Coincidentally or not, the delay was announced after several trade associations and advocacy groups filed lawsuits challenging the posting requirement.

Although employers subject to the NLRB rules will welcome this extension, federal contractors and subcontractors must already post a similar notice under Executive Order 13946.

Other regulations designed to tip the scales in favor of unions remain pending. The NLRB is expected before year's end to issue controversial new regulations that will speed up union representation elections and diminish employers' ability to object to or delay the holding of elections. In addition, the Department of Labor recently closed comment on proposed regulations to expand public disclosure of fees paid to certain labor "persuaders" (including attorneys acting in that role).

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