Employee Rights Poster Invalidated By Courts. What Does It Mean To Finishers?

Tuesday, August 6, 2013

Two federal appeals courts recently invalidated the National Labor Relations Board's controversial rule that requires private sector employers subject to the NLRB's jurisdiction&mdashvirtually all private sector employers, both unionized and non-unionized&mdashto post a notice about employee rights.

This means employers will not have to post the NLRB's "Employee Rights Under the National Labor Relations Act" unless or until the three-judge panels' decisions are reversed by decisions of all of the judges on the District of Columbia Circuit Court of Appeals or the Fourth Circuit Court of Appeals, or by the United States Supreme Court. The likelihood of reversal is low. The practical effect of these decisions should be the end of the NLRB's poster rule, even though the NLRB will probably and unsuccessfully appeal both decisions.

Two courts say "no" to the National Labor Relations Board's controversial rule. Butzel Long attorney Gary W. Klotz discusses the ruling and its effect on employers.

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