     EXCELLENT

Employers Can Breathe a Sigh of Relief: D.C. Circuit Invalidates NLRB’s Controversial “Notice Rule”

On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit invalidated the controversial rule recently promulgated by National Labor Relations Board (the “Board”). The August 30, 2011 “Notice Rule” is formally known as the “Notification of Employee Rights under the National Labor Relations Act.” The Rule would have required all employers subject to its provisions to post notices to employees informing them of their rights under the National Labor Relations Act (the “Act”). An employer’s failure to comply with the rule’s provisions could have resulted in a finding against the employer of unfair labor practices or could have been used as evidence of the employer’s “anti-union animus.” An additional enforcement mechanism included the ability to suspend the statute of limitations in certain circumstances to allow employees more time to file a charge.

Not surprisingly, many trade associations filed complaints around the country to invalidate the mandatory posting rule. The D.C. Circuit’s opinion in National Association of Manufacturers v. National Labor Relations Board, et al. is the first appellate decision to strike down the rule. The Court held that all three of the Notice Rule’s enforcement mechanisms were invalid, as they were contrary to the Act. Although the Court did not decide the question of the Board’s rulemaking authority, it did raise concerns about whether the Board should ever have authority to issue such rules, stating that “[t]he Board’s [issuance of this Notice Rule] departs from its historic practice.” Thus, this decision raises significant doubts about the Board’s ability to implement other rules in the future.

For the time being, the Court’s decision means that employers will not need to post notice informing employees of their rights under the Act. This is a big victory for the nearly 6 million employers that would have been subjected to the mandatory posting requirements under the Board’s Notice Rule.

Client Reviews

    
 
 
       Posted on Google  
   
   Anonymous 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year).

I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious.

I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial.

* Take a DMV Driver's Improvement Course

* Take a Behavior Modification Course

* Do 100 hours of community service

* Print my DMV Record one week before the trial

On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me.

No criminal record.
No jail time.
No suspension of license.

I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing.

Thank you Dave Albo for helping me through this ordeal!
  
 
      Posted on Google  
   
   Tom 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer.
He has helped me twice now with great results both times with minor traffic tickets.
I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .
  
 
      Posted on Google  
   
   kendall carpenter 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.
  
 
      Posted on Google  
   
   Amanda Stallard 
 
 
 
 Trustindex verifies that the original source of the review is Google. Retaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.
  
 
      Posted on Google  
   
   Mark West 
 
 
 
 Trustindex verifies that the original source of the review is Google. Mr Albo was very professional and I was pleased with the outcome.
  
 
      Posted on Google  
   
   M 
 
 
 
 Trustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.
  
 
      Posted on Google  
   
   mitquinn88 
 
 
 
 Trustindex verifies that the original source of the review is Google. Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.
  
 
      Posted on Google  
   
   G R 
 
 
 
 Trustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case.  I highly recommend him - you will be in good hands for sure.  From start to finish he provided expert counsel and kept me well informed.  He  simply could not have done a better job.
  
 
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   Hope Carrigan 
 
 
 
 Trustindex verifies that the original source of the review is Google. I am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and  grateful; I highly recommend retaining his services. Well beyond worth it!!
  
 
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   Doug Damron 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.