As we discussed in prior entries at this site, the NLRB recently promulgated regulations requiring all employers, by November 14, 2011, to post workplace notices informing employees of their rights under the National Labor Relations Act. On September 8, 2011, the National Association of Manufacturers filed a federal court lawsuit in Washington, D.C., seeking to invalidate the NLRB’s new regulations. The suit alleges the NLRB does not have the power to (1) order posting requirements, (2) create new unfair labor practices or statutes of limitations, or (3) assert jurisdiction over employers until an election petition or unfair labor practice charge has been filed by or against an employer. We will continue to monitor the matter and the effect, if any, it may have on the current November deadline for posting notices.
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