The on-again, off-again National Labor Relations Board (NLRB) posting requirement for private sector employers is finally decided. Last week the NLRB decided to not seek Supreme Court review of the two U.S. Court of Appeals decisions invalidating its “Notice Posting Rule.” The NLRB had been trying to require private sector employers to post a notice about employee rights in the workplace since 2011. I have blogged about this issue on several occasions, because the NLRB deadline was repeatedly changed and postponed due to pending litigation.
Private sector employers can rest assured they are not legally required to post a notice about employee rights in the workplace, however they can do so voluntarily if they wish. The U.S. Court of Appeals for the District of Columbia stated, “[I]t is also without question that the Board is free to post the same message [that is on the poster at issue] on its website.” At the present time the workplace poster is still available on the NLRB website.
It is the choice of the private sector businesses to decide if they want to hang the “Employee Rights” poster or not. If you have already had it posted in your workplace, you can remove it if you wish.