Two years ago, the National Labor Relations Board ("NLRB") published a rule that would require all employers covered by the National Labor Relations Act to post a workplace notice informing employees of their rights under that Act. The posting rule and the substance of the required notice were described in our September 12, 2011 Legal Alert. The validity of the posting rule was challenged in lawsuits filed in the District of Columbia and in South Carolina, and the enforcement of the rule was enjoined until the District of Columbia lawsuit could be resolved. On an appeal in that lawsuit, the U.S. Court of Appeals for the District of Columbia ruled on May 7, 2013 that the posting rule is invalid because all of the enforcement provisions embodied in the rule are contrary to the provisions of the National Labor Relations Act. This ruling, which effectively restricts the NLRB on a nationwide basis, puts an end to the posting rule unless the appellate court's decision is appealed to the Supreme Court.
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