NLRB Postpones Implementation of Its New Employee Rights Posting Requirement
Client Alert | 1 min read | 10.07.11
The National Labor Relations Board (the "Board") postponed the effective start date for its new notice-posting rule. Announced in August, the rule requires private sector employers to post a notice of employee rights under the National Labor Relations Act ("NLRA") if the NLRA applies to the employer. Because many small and medium-sized businesses are unsure if the NLRA and this notice-posting rule applies to them, the Board pushed back the implementation date from November 14, 2011 to January 31, 2012, "to allow for enhanced education and outreach to employers" concerning the Board's jurisdiction and the posting requirement.
Postponement does not affect the form or content of the notice. We previously discussed the notice-posting rule in greater detail in a Client Alert.
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English law has long treated the choice between terminating for repudiatory breach and exercising a contractual termination right as consequential. Under the Financings[1] causation principle, a party exercising a contractual right for a non-repudiatory breach could recover losses accrued to the date of termination — but nothing more. Loss of bargain was out of reach unless the breach went to the root of the contract. A practical workaround, confirmed in Lombard,[2] was to designate the relevant obligation as a condition, elevating any breach to repudiatory status, but that device carries significant strategic risk if the termination is later found to have been wrongful.
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