As we previously reported in April 2012 and May 2013, the U.S. Court of Appeals for the D.C. Circuit first enjoined and then vacated the National Labor Relations Board ("NLRB") final rule requiring employers to post notices of employees' rights.

On January 6, 2014, the NLRB announced that it decided not to seek review of the decisions invalidating the NLRB's final rule by the United States Supreme Court. Accordingly, private employers are under no obligation to post the NLRB's notice of employee rights. The poster, however, remains available on the NLRB website where it "may be viewed, displayed and disseminated voluntarily." The NLRB also announced that it has created a free app for iPhone and Android users in an effort to provide the public with information about the National Labor Relations Act.

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