ARBITRATION UPDATE • Class Actions: When Can Employees Use Arbitration for Class Action Claims? • Arbitration Agreements: Errors in Drafting Can Nullify a Clause Intended to Prevent Class Action Arbitration SEXUAL HARASSMENT: WHAT IS THE OBLIGATION OF THE HARASSED EMPLOYEE? UNEMPLOYMENT DISCRIMINATION: A NEW CATEGORY OF DISCRIMINATION? NLRB UPDATE: EFFECTIVE DATE OF NEW POSTING REQUIREMENT POSTPONED

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NLRB UPDATE: EFFECTIVE DATE OF NEW POSTING REQUIREMENT POSTPONED

As reported in our last Report From Counsel, the National Labor Relations Board ("NLRB") using its rulemaking authority has issued a controversial new rule requiring employers -- whether union or non-union -- to post a specific notice advising employees of rights under the National Labor Relations Act. That rule was first scheduled to go into effect on November 14, 2011 and then postponed until January 31, 2012.

Since the new rule was announced, lawsuits have been filed challenging the NLRB's authority to promulgate the rule. Those claims are working their way through the courts.

At the request of one federal judge, the NLRB has recently agreed to again postpone the effective date of the rule in an effort to "facilitate the resolution of the legal challenges that have been filed with respect to the rule."

The new effective date is April 30, 2012.

Report From Counsel
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KLEIN ZELMAN ROTHERMEL’s Report From Counsel is published periodically with the intent to inform readers of recent legal developments and issues. It is not intended, nor should it be used, as a substitute for legal advice or opinion which can be rendered only when related to specific fact situations.