On Friday the Circuit Court in South Carolina has issued a ruling in a second lawsuit regarding the National Labor Relations Board (NLRB) posting notice rule. The Court ruled the NLRB does NOT have the authority to require all employers to post a notice in the workplace.
The NAM filed the first lawsuit against the posting notice regulation in DC Circuit Court presenting the same arguments, but the judge ruled the Board can require employers to post notices. The NAM and Coalition for a Democratic Workplace have appealed this ruling and requested postponing the effective date of the rule pending appeal.
The decision in the South Carolina suit means the Circuits are split and the chances for a delay in the effective date of the posting notice regulation have increased. The NAM has filed for an injunction to delay implementation before the effective date of April 30th. Previously we have gained two voluntary delays from the NLRB. We will continue to closely monitor the situation as the NAM appeal moves forward and the implementation date approaches.
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