Today the DC Circuit court of appeals enjoined the enforcement of the NLRB’s rule requiring the posting of this poster: https://www.nlrb.gov/sites/default/files/attachments/basic-page/node-3788/employee_rights_fnl.pdf. The short opinion is here. http://www.chamberlitigation.com/sites/default/files/cases/files/2011/NAM%20v.%20NLRB%20(DC%20Circuit%20Injunction%20Order).pdf. The 8th Circuit and Nebraska district courts have not yet ruled on this issue. However, the DC’s circuit’s opinion certainly directs them not to enforce the posting requirements. Therefore, while a super cautious employer might decide to post the poster anyway our best advice is that the NLRB would be violating a court order to require or penalize any employer to post the poster at this time until the appeal in the DC Circuit is resolved.

Facebooktwittergoogle_pluspinterestlinkedinmail