California Labor &
Employment Law Blog

Sep. 14 2011

NLRB Posting Requirement Being Challenged on Several Fronts

Topics: New Laws & Legislation

On August 28, we posted abouta new posting requirement established by NLRB regulation that requires private sector employers to post a detailed notice informing their employees about their rights to unionize. This requirement takes effect in November 2011.Our prior blog post is here.

Several developments have occurred in the last two weeks:

1. NLRB Poster is Now Available

Even though the requirement to post the notice about union rights is not effective until November, the NLRB has already prepared the poster and made it available on its website. The poster just became available in the last few days. 

2. NAM Sues to Block Implementation

On Thursday September 8, the National Association of Manufacturers filed a lawsuit in Federal District Court in Washington DC, seeking an injunction to stop implementation of the NLRB's regulatory mandate. The lawsuit claims that the NLRB lacks the authority to mandate a posting requirment and that such a requirement can only come from Congress in the form of legislation.

3. House Legislation Introduced to Block Posting Requirement

Congressman Ben Quayle introduced HR 2833, The Employee Workplace Freedom Act, to block the implementation of the NLRB regulation requiring the new posting. The Employee Workplace Freedom Act seems to repeal the regulation and specifically provides that The National Labor Relations Board shall not enforce or promulgate any rule that requires employers to post notices relating to the National Labor Relations Act. 

We will continue to post developments on this subject as they arise.

About CDF

For over 20 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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