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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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D.C. Circuit Upholds Designation of PFOA and PFOS as CERCLA Hazardous Substances

In a significant and unanimous ruling, the D.C. Circuit upheld the Environmental Protection Agency’s (“EPA”) final rule designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), denying the petitions of seven industry groups seeking to overturn that designation.[1] CERCLA, also known as the “Superfund Statute,” allows EPA to require potentially responsible parties to fund cleanup of hazardous substances....