Notice Posting Rule Is Struck Down
Back in August 2011, the NLRB published a rule that would require private employers to post in conspicuous places a government poster intended to notify employees of their rights under the NLRA. Business groups challenged the rule, and the NLRB delayed the effective date several times. Then in early 2012, courts got into the act and struck down parts of the rule and eventually enjoined the rule until the appeals court heard and decided the case. (more…)
New FMLA Regs and New FMLA Poster – Finally
Over the past 5 years, the FMLA has been amended on several occasions. While the FMLA was amended most recently in late 2009 under the National Defense Authorization Act (“NDAA”) and the Airline Flight Crew Technical Corrections Act (“AFCTCA”), the U.S. Department of Labor Wage and Hour Division delayed in issuing proposed regulations until February 15, 2012. Since that time, employers have been waiting on the issuance of final regulations. The wait is now over.
On February 6, 2013, a Final Rule was issued and takes effect on March 8, 2013. While most of the new regulations relate to rarely used FMLA provisions, including military caregiver leave for a veteran, qualifying exigency leave for parental care and job-protected leave for airline personnel and flight crews, there is one provision that all covered employers need to know about – and soon! (more…)
Just hours after the Federal Appeals Court for the District of Columbia issued its emergency injunction preventing the enforcement of the NLRB’s Employee Rights Notice Posting Rule, the NLRB issued this statement:
“In view of the DC Circuit’s order, and in light of the strong interest in the uniform implementation and administration of agency rules, regional offices will not implement the rule pending the resolution of the issues before the court.”
Now private employers can feel confident that they face no legal jeopardy by not posting the NLRB’s poster – at least until the court battles are over. And that could be many months if not years in the future.
The NLRB’s full statement can be found here.
Should you have questions or require further information, please contact Stephen W. Lyman at 317.977.1422 or slyman@hallrender.com or your regular Hall Render attorney.
On April 17, 2012, the Federal Appeals Court for the District of Columbia issued an emergency injunction preventing the NLRB from enforcing its Employee Rights Notice Posting rule that was set to become effective on April 30, 2012. The Court’s order granting the injunction sets an expedited schedule for hearing the appeal. Nevertheless, even with the expedited schedule, the oral argument in this case will not be heard until sometime in September. (more…)
Friday the 13th was a bad news day for the NLRB but potentially a very good news day for private employers. A federal district court judge in South Carolina on Friday, April 13, 2012 held that the NLRB’s rule obligating private employers to post a notice explaining employee rights under the NLRA was beyond the NLRB’s authority. The court essentially said that the NLRB’s rule was not “necessary” to carry out its role as a “reactive agency” charged with preventing unfair labor practices and conducting representation elections. Because there was no specific direction by Congress to create a notice of rights poster, as in other federal employment laws, the NLRB exceeded its authority in requiring private employers to post this notice. The NLRB’s rule was to take effect on April 30. Now, the overall applicability of the notice posting rule is in serious question. As we reported in an earlier alert on March 2, 2012, another federal district court struck down only portions of the NLRB’s rule dealing with penalties and statute of limitations but left standing the general posting requirement.
