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Not to Post. That is the Answer! (For Now)

In yesterday's Alert, we recommended taking a "wait and see" stance regarding the National Labor Relations Board's ("NLRB") notice posting rule, which was set to take effect on April 30. We predicted that there would be further developments before April 30, and we turned out to be right.

Today the U.S. Court of Appeals for the District of Columbia entered a preliminary injunction against implementation of the posting rule. So employers are not required to post the notice by April 30.

A preliminary injunction remains in place during the pendency of the lawsuit. The Court of Appeals also entered an order expediting the briefing schedule and directing that oral argument be set for September of 2012. Based on that schedule, it seems likely that the Court of Appeals will issue a final decision late this year.

Of course, it is possible that in between now and then the NLRB will change its mind or otherwise take a different course. If so, we will keep you informed. Meanwhile, at least we know for now that employers are not required to post the notice.

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