54038 Federal Register/Vol. 76, No. 168/Tuesday, August 30, 2011/Rules and Regulations No Statutory Authority for the Proposed _ laws. See Title VII of the Civil Rights absence of such language in its enabling Rule Act of 1964 (Title VII), 42 U.S.C. statute. No agency has made the failure Tad 2000ce—10, the Age Discrimination in to comply with a notice-posting eae ett ahs a lige alae a not Employment Act (ADEA), 29 U.S.C. 627, requirement unlawful absent express directly address an employer’s The Occupational Safety and Health statutory authorization, until today. obligation to post a notice of its Act, 29 U.S.C. 657(c), the Americans The explicit inclusion of notice- employees’ rights arising under the Act with Disabilities Act (ADA), 42 U.S.C. posting provisions and permissible or the consequences an employer may 12115, the Family and Medical Leave sanctions by Congress in other labor face for failing to do so.”’ In fact, the Act (FMLA), 29 U.S.C. 2619{a), and the _ legislation undercuts the majority's NLRA 273 makes no mention of any such Uniformed Service Employment and claim that this notice-posting rule is not putative obligation. The majority further Reemployment Rights Act (USERRA), a “major policy decision properly made acknowledges that the NLRA “is almost 38 U.S.C. 4334(a). by Congress alone.” Strangely, the unique among major Federal labor laws The majority points out that the majority does not merely contend that in not including an express statutory Department of Labor (DOL) promulgated this pattern in comparable labor provision requiring employers routinely notice-posting rule under the Fair legislation fails to prove that Congress to post notices at their workplaces Labor Standards Act (FLSA), although did not intend that the Board should informing employees of their statutory that statute does not contain a specific have the rulemaking authority under rights.” Despite the obvious import of statutory provision on workplace Section 6 to mandate the no