On December 23, 2011, the National Labor Relations Board (NLRB) again postponed the implementation of its new posting requirement, as discussed in Miller Canfield’s August 30 and October 6, 2011 Employer Alerts.  The decision to postpone the implementation date was made after oral argument on December 19 in consolidated lawsuits brought by the National Association of Manufacturers and National Federation of Independent Businesses, among other groups opposing the posting requirement. U.S. District Court Judge Amy Berman Jackson asserted that the January 31 deadline did not provide her enough time to thoroughly review the arguments and specifically requested that the NLRB postpone the implementation date.

The new effective date of the posting requirement is April 30, 2012.

Additionally, oral argument is scheduled in January 2012 in a separate lawsuit filed in the United States District Court of South Carolina filed by the United States Chamber of Commerce.  This challenge may also impact the final implementation of the posting rule.

As always, Miller Canfield will keep you abreast of additional developments.

For more information, please contact your Miller Canfield Employment + Labor attorney or the author.

Charles Oxender
313.496.7520