A federal district court in Washington, D.C. has recently said that certain provisions of the National Labor Relations Board’s “Notification of Employee Rights” rule, which most employers are required to post by April 30, are not valid [for information about the rule, see our blog posts, The NLRB, Again, Postpones Notice-Posting Rule Until April 30, 2012 and NRLB Issues Final Rule Requiring Posting of Notice to Employees]. While the court said that the National Labor Relations Board (“NLRB”) has broad rulemaking authority to implement the notice in Subpart A, it found two blanket provisions in Subpart B to violate the law: (1) deeming the failure to post the notice to be an unfair labor practice per se; and (2) automatically tolling the six month statute of limitations for an employee who files an unfair labor practice charge for such a failure. The court said that the NLRB can consider the circumstances of each failure to post claim and make specific findings regarding whether the failure is an unfair labor practice and/or whether the staute of limitations may be tolled on a case-by-case basis. See opinion. While the NLRB will need to revise Subpart B of the rule, employers must still post the NLRB notice (Subpart A) by April 30.