The federal 4th Circuit Court of Appeals, which includes Virginia, has struck down the National Labor Relations Board rule that required employers covered by the National Labor Relations Act to post a new notice of labor rights. Under this rule, most private-sector employers would have been required to display a poster in the workplace, plus post the notice on an employer’s Intranet if that is where they normally display workplace policies. The 4th Circuit ruled that the NLRB had exceeded its legal rule-making power in promulgating the rule. This decision follows a similar decision of the D.C. Circuit Court of Appeals which also struck down the rule.
As a result of the 4th Circuit decision, Virginia employers will not be required to post the notice unless the NLRB appeals the decision to the United States Supreme Court and that court overturns the lower courts. We will notify you if the posting requirement again becomes effective. In the meantime, although employers are not required to post the notice, they may do so voluntarily. The 11 by 17 inch poster is available on the NLRB website.
