NLRB Poster Postponement Problem 2:46, August 1, 2016

Share on FacebookShare on Google+Tweet about this on TwitterShare on LinkedInEmail this to someone

Our Resources

NLRB Poster Postponement Problem

Share on FacebookShare on Google+Tweet about this on TwitterShare on LinkedInEmail this to someone

The National Labor Relations Board (NLRB) stirred up a controversy in 2011 by adopting a regulation requiring most US employers to put up a poster about employees’ federal labor rights under the National Labor Relations Act (NLRA).

According to the official publication of the NLRB’s “final rule” in the Federal Register, the NLRA poster requirement was to take effect on November 14, 2011.

Due to the adverse reaction, however, the federal agency decided to “postpone” the deadline for putting up the NLRA poster. According to the October 5, 2011, NLRB announcement, “The new effective date of the rule is Jan. 31, 2012.”

It’s curious that, following the official enactment and publication of the final rule, which occurred only after a period of time to allow for public comments to be submitted and considered, that the agency thinks it can change the effective date of its regulation by merely issuing a press release.

To a lawyer, once a regulation is adopted through the official administrative procedures, it basically has the force of law and isn’t subject to ad hoc tweaking by the agency. In other words, if the regulation said November 2011 was the date it took effect, that’s when it took effect. Not some later date.

Plus, the new regulation itself says there isn’t any reason to delay. According to Footnote 213, “The Board finds unpersuasive the suggestions in several comments that the effective date of the rule be postponed to as late as April 15, 2012. The Board finds nothing in the requirements of the rule or in the comments received that would warrant postponing the effective date.”

Accordingly, the NLRB poster rule probably did legally go into effect in November 2011 — as specified by the official regulation — even if the NLRB issued a press release (after adopting the rule) saying: “Not until January 2012 it doesn’t.”

You might also be interested in...

  • New NLRB Poster AvailableSeptember 22, 2011 New NLRB Poster Available In January 2011, the National Labor Relations Board (NLRB) announced a new rule requiring most private employers to put up a poster. In August, they finalized the rule (see NLRB Wants A Poster and NLRB Gets A Poster). The regulation says the poster must be put up by November 14, 2011. […] Posted in legal update
  • Workers Can Learn About Their Rights at worker.govNovember 8, 2016 Workers Can Learn About Their Rights at In October 2016 the US Department of Labor (DOL) launched a beta prototype of a new website called, which is designed to help workers understand their rights under federal worker protection statutes. The website also allows workers to file complaints with the proper federal […] Posted in legal update, organizational culture
LawRoom Blog
EverFi provides online compliance training on sexual harassment, ethics, FCPA and data security to thousands of companies and universities.

Leave a Reply

Leave a Reply

White Paper
Data Security training
for employees

  |   Download White Paper


Compliance Course Catalog
  |   Download Catalog