Beginning Next Week: InsideCounsel will become part of Corporate Counsel. Bringing these two industry-leading websites together will now give you comprehensive coverage of the full spectrum of issues affecting today's General Counsel at companies of all sizes. You will continue to receive expert analysis on key issues including corporate litigation, labor developments, tech initiatives and intellectual property, as well as Women, Influence & Power in Law (WIPL) professional development content. Plus we'll be serving all ALM legal publications from one interconnected platform, powered by, giving you easy access to additional relevant content from other InsideCounsel sister publications.

To prevent a disruption in service, you will be automatically redirected to the new site next week. Thank you for being a valued InsideCounsel reader!


D.C. Circuit invalidates NLRB posting requirement

Requiring businesses to post notices of employees’ rights violates freedom of speech, court rules

The D.C. Circuit struck another blow to the National Labor Relations Board (NLRB) on Tuesday, when it found that the board could not require businesses to post notices informing employees of their right to unionize.

In January, the D.C. Circuit invalidated President Obama’s recess appointments to the NLRB, throwing it into a state of uncertainty. This latest decision invalidates one of the NLRB’s biggest pro-labor pushes before that happened.

The court wrote that the right to freedom of speech "necessarily protects ... the right of employers (and unions) not to speak." As long as the business isn’t threatening employees, federal law prohibits the NLRB from disciplining it for any speech or lack thereof, the court unanimously ruled. This means that businesses will not have to post the notices that the NLRB mandated in 2011.

Read more at Thomson Reuters.


For more NLRB coverage on InsideCounsel, see below:

Labor: The NLRB will not be ignored

Target handbook unlawfully discouraged union activity, NLRB says

D.C. Circuit dismisses NLRB charges against medical center

Cases pit Native American sovereignty against NLRB authority

Join the Conversation

Advertisement. Closing in 15 seconds.