Legal Alert: Federal Appeals Court Strikes NLRB’s Notice Posting Rule

Executive Summary: The D.C. Circuit Court of Appeals has vacated the National Labor Relations Board’s rule requiring employers to post a Notice of Employee Rights under the NLRA because it violates employers’ free speech rights. See National Ass’n of Manufacturers v. NLRB (May 7, 2013). The court also found invalid the rule’s provision permitting tolling of the statute of limitations for an unfair labor practice if the employer failed to post the Notice.