The ongoing saga of delays and extensions of the National Labor Relations Board’s (NLRB) notice posting rule continues, this time with an injunction.
The U.S. Court of Appeals for the District of Columbia Circuit has granted a request to halt the implementation of a rule that would require all employers subject to the National Labor Relations Act (NLRA) to post notices informing employees of their rights under the NLRA. Meanwhile, the circuit court will hear appeals to a previous decision from the D.C. district court in which the NLRB’s authority to promulgate the rule was challenged and upheld.
Earlier this week, a U.S. district court in South Carolina held that the NLRB lacked the authority to make the rule and that doing so was a violation of the Administrative Procedure Act. This ruling created a split from the aforementioned D.C. district court decision, generating confusion about what, if anything, would be required of employers at the end of the month with regard to the poster.
The D.C. Circuit has expedited its review of the lower court’s case and will hear oral arguments in September.
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