The soap opera that has become the NLRB’s notice-posting rule continues. As we reported last week, there is a split in the courts over whether the NLRB has the authority to require private-sector employers to post a “Notice of Employee Rights.” The first court to consider the issue upheld the posting requirement, while striking down most of the rule’s enforcement mechanisms. That decision is current on appeal to the United States District Court for the District of Columbia Circuit.

Last week, the United States District Court for the District of South Carolina struck down the rule in its entirety, thereby creating doubt as to whether employers have to comply with the rule as of April 30.

Today, the D.C. Circuit granted a motion to enjoin enforcement of the rule pending appeal. The court also ordered expedited briefing, with final briefs due on June 29, 2012 and oral argument in September.

As a result of today’s order, the notice-posting rule will not take effect April 30, 2012. We will continue to monitor this issue and report on developments as soon as they occur.

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Photo of Justin F. Keith Justin F. Keith

Justin helps unionized businesses maintain successful labor relations and helps non-union companies maintain direct relationships with their employees through education, training, and proactive union awareness. His labor practice encompasses all aspects of labor relations, including unfair labor practices, representation proceedings before the National

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Justin helps unionized businesses maintain successful labor relations and helps non-union companies maintain direct relationships with their employees through education, training, and proactive union awareness. His labor practice encompasses all aspects of labor relations, including unfair labor practices, representation proceedings before the National Labor Relations Board and Courts of Appeal, contract negotiations, strikes and lockouts, grievances, and arbitrations. Justin also represents employers in all areas of 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 awareness 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

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