The National Labor Relations Board has just announced it has postponed the effective date of its new rule mandating the workplace posting of an official Notice of Employee Rights under the National Labor Relations Act. The rule had been scheduled to go into effect on November 14th. Now, the rule will be effective on January 31, 2012.

The NLRB’s stated reason for the postponement is to “allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.” The Board cited confusion over which business fall within the jurisdiction of the statute. Unlike many other employment laws, coverage does not depend on a minimum number of employees, but the extent to which a company engages in interstate commerce. The thresholds, generally expressed in terms of gross volume of business for different industries, are very low. Almost all private sector employers are subject to the Act.

The Board states that “[n]o other changes in the rule, or in the form or content of the notice, will be made.”

Keep reading this blog for updates, or feel free to contact us for more details.

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Photo of Ana C. Shields Ana C. Shields

Ana C. Shields is the co-leader of the firm’s Employment Litigation practice group nationally, serves on the firm’s Board of Directors and is the Office Managing Principal of the firm’s office in Melville, New York.

As a management side defense litigator, Ana exclusively…

Ana C. Shields is the co-leader of the firm’s Employment Litigation practice group nationally, serves on the firm’s Board of Directors and is the Office Managing Principal of the firm’s office in Melville, New York.

As a management side defense litigator, Ana exclusively represents employers and management with respect to claims of harassment, discrimination, retaliation and other alleged violations of labor and employment laws before federal and state courts, Arbitrators, and administrative agencies.

In addition to her significant litigation practice, Ana frequently is retained by management to conduct high level independent investigations of alleged workplace harassment by c-suite or senior level executives.