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New Labor Poster Required of Most Private Employers

September, 16 2011

Update: Since this article was published, the NLRB has postponed the deadline for compliance to April 30, 2012. Further, the regulation has been struck by an order of the United States District Court for the District of South Carolina issued on April 13, 2012. The original text of the article follows:

On August 30, 2011, the National Labor Relations Board (NLRB) issued a final regulation that will require most private employers to post notices concerning employees’ rights under the National Labor Relations Act (NLRA). Broadly, the NLRA guarantees employees the right to form, join, or assist labor unions, to bargain collectively, to act in concert with others for their own mutual aid and protection, and to refrain from doing any of the foregoing activities if they choose. The NLRB’s regulation applies generally to private (that is, non-governmental) employers that have either a gross annual retail business volume of $500,000 or more or, in non-retail settings, have annual cash inflows or outflows of $50,000 or more from out of state. Special coverage rules apply within many industries and are set out in a table to the regulation. If the foregoing applies, the employer is covered by the regulation – and the NLRA – regardless of whether the employer is for profit, or not-for-profit, and regardless of whether any of the employer’s employees are represented by a union.

Posting Requirements

Like most other agencies’ notices to employees, the NLRB’s notice must be posted where employees are likely to see it, such as in employee break areas or near time clocks. Unlike most other agencies’ notices, the NLRB’s notice must also be posted on-line if the employer regularly communicates policies to employees on-line. For example, if your organization’s employee handbook is accessible on-line, your organization likely will be required to post the notice on-line. The printed version must be 11”x17” in size, and cannot be defaced or covered up. Employers may use combined notice posters with notices from other agencies as long as the poster comports with the regulation’s size requirement. If 20% or more of the employer’s workforce speaks a language other than English, the notice must be posted in that language. Translations in alternate languages will be available from the NLRB, and employers will not be penalized for failure to post until the NLRB issues notices in the language an employer needs. A copy of the full 11”x17” notice (PDF required) may be obtained by clicking here. Alternatively, you may download a copy formatted to two 8.5”x11” pages if your printer will not handle the larger sized paper.

Deadline

Employers must post the notice by November 14, 2011.

More Information

You may view the final regulation, which includes the language of the notice, by clicking here. The regulation itself is just over four pages long, but is preceded by about 40 pages of preamble. You may also view the NLRB’s webpage devoted to the notice by clicking here. If you have questions about your organization’s rights and responsibilities under the NLRA or this regulation, please contact your employment and labor counsel, or contact us.

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