President Obama appointed three new members to the National Labor Relations Board, bringing the Board back to full membership.  The recess appointees avoid the dilemma of a functionally inoperative Board, had its membership fallen below two.

As stated on its website, the National Labor Relations Board (NLRB) has agreed to postpone the effective date of its employee rights notice-posting rule at the request of the federal court in Washington, DC hearing a legal challenge regarding the rule.  The NLRB's ruling states that it has determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule.  The new implementation date is April 30, 2012. 

Most private sector employers will be required to post the 11-by-17-inch notice on the new implementation date of April 30.  The notice is available at no cost from the NLRB through its website, http://www.nlrb.gov, which has additional information on posting requirements and NLRB jurisdiction.

The U.S. Department of Labor is proposing regulations that will make home-care industry workers eligible for minimum wage and overtime protections, including workers who provide a wide range of in-home care and health services.  The proposed regulations were published in the Federal Register on Tuesday, December 27, and a copy is available here.  Comments are due 60 days after publication in the Federal Register, so by February 27, 2012.  The current regulations under the federal Fair Labor Standards Act provide that these jobs are exempt from the minimum wage and overtime requirements