On August 25, 2011, the National Labor Relations Board (“NLRB” or “Board”) issued its final rule requiring private sector employers subject to the National Labor Relations Act (“NLRA” or “Act”) to post notices informing employees of their rights under the NLRA. The NLRB’s asserted authority to issue such a rule has already been challenged by proposed legislation introduced by Rep. Benjamin Quayle (R-AZ) on September 2 seeking the rule’s repeal. Shortly thereafter, two lawsuits were filed in federal court challenging the legality of the new rule.