New NLRB Posting Requirement for Employers Delayed

This week the D.C. Circuit Court enjoined the National Labor Relations Board (NLRB) from enforcing the new posting requirements for most employers that was set to take effect on April 30.  The Court’s action likely means that no decision on the appeal will be made before this Fall, so employers are under no obligation to post the new notice at this time.  The American Health Care Association and the National Center for Assisted Living will keep members apprised of any developments related to the appeal and any posting requirements.

As reported previously, the U.S. District Court for the District of Columbia recently determined that the NLRB could require employers—including long term care providers—to post a notice informing employees of their rights to organize (National Association of Manufacturers v. NLRB); but last week the U.S. District Court for the District of South Carolina issued a conflicting decision that finds that the NLRB exceeded its statutory authority when it required employers to post such a notice (US Chamber of Commerce v. NLRB).