“The National Labor Relations Board has postponed the implementation date for its new notice-posting rule by more than two months in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.   The new effective date of the rule is Jan. 31, 2012.  The decision to extend the rollout period followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board’s jurisdiction, and was made in the interest of ensuring broad voluntary compliance. No other changes in the rule, or in the form or content of the notice, will be made.”

Most private-sector employers, including restaurants, must display a new employee rights poster as of Nov. 14, 2011 under a regulation issued by the National Labor Relations Board.

The NLRB posted the newly required notice for downloading and printing Sept. 14. Private-sector employers within the NLRB’s jurisdiction will be required to display the poster where other workplace notices are posted and on an internal or external website if other personnel policies or workplace notices are posted there.

In a Frequently Asked Questions section, the agency said its jurisdiction extends to restaurants with a gross annual volume of business of $500,000 or more.

The posters are available without charge from NLRB regional offices, which are listed at https://www.nlrb.gov, the agency said in the Sept. 14 announcement.

The notice states that employees have the right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities.

NFIB Asks Court to Stop Enforcement of New NLRB Poster Rule

The National Federation of Independent Business (NFIB) today (September 28th) asked a federal court to temporarily enjoin the National Labor Relations Board (NLRB) from enforcing its latest rule, the “Notice Posting Rule,” which requires private-sector employers to post a notice in their business informing employees of their right to unionize. According to the rule, businesses that fail to post signage will be committing an independent “unfair labor practice” that subjects them to increased scrutiny and likelihood of investigation. Today’s legal action by the NFIB seeks to prevent enforcement of this new rule, which takes effect November 14, 2011, until the court has ruled on its legality.

“Until the court has made a final determination regarding the constitutionality of the NLRB’s latest punitive measure, small-business owners should not be required to comply,” said Karen Harned, executive director of NFIB’s Small Business Legal Center. “We believe that the court will ultimately determine that the NLRB has vastly exceeded its statutory authority in creating this rule. Until that time, NFIB asks that its members be protected from this latest, offensive federal regulatory overreach.”

Fact about NFIB’s lawsuit challenging the “Notice Posting Rule”:

NFIB’s lawsuit charges that the NLRB’s promulgation of the new rule is an overreach of its statutory authority under the National Labor Relations Act (NLRA).

The rule will impact all employers, including those with no history of NLRA violations.
According to NFIB’s estimates, the rule will impact up to six million private-sector businesses around the country.
The lawsuit asks the court to set aside the rule and declare that the NLRB’s action violates the NLRA.
Small businesses are particularly vulnerable to accidental violations because the regulatory compliance burden most often falls on the small business owner and because small businesses do not have dedicated compliance staff.
The National Right to Work Legal Defense and Education Foundation and two small-business owners, who are NFIB members, have joined NFIB in filing its lawsuit.

NFIB is the nation’s leading small-business advocacy organization, representing 350,000 small businesses around the country.