Last week, we reported that the United States District Court for the District of Columbia upheld the NLRB’s notice-posting rule in part. The court’s ruling upheld the portion of the rule requiring the posting of the notice, but struck down the parts of the rule that would have created a new unfair labor practice for failing to post the notice and allowed the Board to toll the statute of limitations when the notice was not posted.

On March 5, 2012, the plaintiffs challenging the rule filed a notice of appeal with the United States Court of Appeals for the District of Columbia Circuit and asked the District Court to enjoin enforcement of the Board’s rule pending their appeal to the D.C. Circuit. On March 7, the court denied their request, stating that the plaintiffs failed to show that they would be irreparably harmed by posting the notice while the appeal is pending.

As a result of this decision, the notice-posting requirement will take effect on April 30, 2012 as originally scheduled.

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Photo of Justin Keith Justin Keith

Justin F. Keith represents employers in all areas of labor and employment law—including reductions in force, litigation of discrimination, harassment, whistleblower, and retaliation claims, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country.

Justin Co-Chairs

Justin F. Keith represents employers in all areas of labor and employment law—including reductions in force, litigation of discrimination, harassment, whistleblower, and retaliation claims, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country.

Justin Co-Chairs the firm’s Labor & Employment Practice’s Labor-Management Relations group and advises clients in all areas of traditional labor law, including union organizing campaigns, collective bargaining negotiations, unfair labor practice charges and representation case proceedings before the NLRB, union avoidance strategy and training, strike response and contingency planning, grievance arbitration proceedings, and appellate litigation before the NLRB and the Courts of Appeals. Justin was co-counsel to New Process Steel in the landmark Supreme Court case, New Process Steel v. NLRB, 560 U.S. 674 (2010). He is also a contributing editor of The Developing Labor Law, the leading treatise on U.S. labor law, and a frequent speaker to legal and industry groups on labor and employment issues.

Justin has litigated dozens of wage and hour class actions brought under the Massachusetts Wage Act and nationwide collective actions under the Fair Labor Standards Act. He represents employers across a broad spectrum of industries, including retail, transportation, delivery services, and telecom services in nationwide class and collective actions brought throughout the country.

Justin regularly provides counsel to senior management and human resource personnel on employment law compliance matters, such as reductions in force, leaves of absence, exempt status classification under the FLSA and state law, employee discipline, sexual harassment, discrimination and retaliation, and restrictive covenant agreements.