On May 7, 2013, a three-member panel of the U.S. Court of Appeals for the DC Circuit vacated the NLRB’s Notice Posting Rule, originally issued by the Board in August 2011. The Rule required that virtually all private-sector employers post a Notice to Employees, informing employees of various rights under the National Labor Relations Act (Act), such as the rights to engage in union organizing, form or join a union, and strike. The Notice also described various actions by employers or unions that would be illegal under the Act.
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Federal District Court Strikes Down NLRB Rule on Notice Posting
On April 13, 2012, Judge David C. Norton, of the U.S. District Court for the District of South Carolina, held that the National Labor Relations Board did not have the authority to require employers to post a notice of employee rights under the National Labor Relations Act.
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NLRB Postpones Employee Notification Rule’s Effective Date
In August, the National Labor Relations Board (NLRB) issued a controversial Final Rule that would require most private-sector employers to notify their employees of their rights under the National Labor Relations Act with a new mandatory workplace poster. The rule’s effective date originally was November 14, 2011.
On October 5, 2011, the NLRB announced that it was delaying the implementation date for the notice-posting rule until January 31, 2012. The NLRB claimed that it postponed the deadline “in the interest of ensuring broad voluntary compliance.” Other reports indicate that the NLRB postponed the implementation date in response to a specific request to do so by the Judge in one of the pending cases challenging the rule.
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National Labor Relations Board Proposes Rule Requiring Posting of Employee Rights
On December 21, 2010, the National Labor Relations Board ("Board") issued a Notice of Proposed Rulemaking (pdf), which, if finalized, would require employers to notify employees of their rights under the National Labor Relations Act ("Act"). If you would like to review the Board’s News Release regarding the proposed rule, please click here (pdf)…
New Employee Rights Poster Issued for Federal Contractors
Executive Order 13496, requires federal contractors to post a notice regarding employee rights under the National Labor Relations Act, among other things. The Department of Labor (DOL) recently issued final regulations (pdf) implementing the Executive Order.
Who is covered by the posting requirement?
Prime contracts under $100,000 and subcontracts under $10,000 are not covered by…
Department of Labor Issues FMLA posters and Forms
The DOL issued a revised Family and Medical Leave Act (FMLA) poster, reflecting the recently published final rule which is now available for viewing and downloading. Every employer covered by the FMLA is required to post and keep posted on its premises, in conspicuous places where employees are employed, a notice explaining the Act’s …
Pennsylvania Minimum Wage Increases for Small Employers and Trainees:
“Small Employer” minimum wage increases to $7.15 per hour effective July 1, 2008
All employers in Pennsylvania must pay the state’s minimum wage of $7.15 per hour based on the expiration of the Small Employer exemption. Previously, an employer who had an employee complement composed of the equivalent of 10 or less full-time employees had a…