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Employment Law Legal Topics

New Posting Requirement on Workers’ Right to Organize

Update: The U.S. Court of Appeals for the District of Columbia Circuit and the Fourth Circuit struck down the rule, finding that the NLRB violated employers’ free speech rights in trying to force them to display the posters or face charges of committing an unfair labor practice. On January 6, 2014, the NLRB announced that it will not seek Supreme Court review of the two Court of Appeals decisions.

In a controversial decision — indeed, there are employer suits trying to stop it — the National Labor Relations Board (NLRB) has issued a new rule, effective November 14, 2011, requiring employers to post notices telling employees of their  right to organize.