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New Federal Poster Requirement for Employers Effective November 14, 2011 The National Labor Relations Board (NLRB) has issued a final rule that will require employers to notify employees of their rights under the National Labor Relations Act by posting a notice as of November 14, 2011. The 11-by-17-inch notice is similar in content and design to a notice of NLRA rights that must be posted by federal contractors under a Department of Labor rule. Which employers are subject to the new posting requirement? Private-sector employers whose workplaces fall under the National Labor Relations Act, including both union and non-union workplaces, will be required to post the employee rights notice where other workplace notices are typically posted. Very small employers whose annual volume of business is not large enough to have more than a slight effect on interstate commerce may not be required to comply with the posting requirement, including:
The notice states that employees have the right:
How can employers obtain the required notice to be posted in the workplace? The NLRB will provide copies of the notice on request at no cost to employers beginning on or before Nov. 1, 2011. These can be obtained by contacting a NLRB regional office. Employers can also download the notice from the NLRB website and print it out in color or black-and-white on one 11-by-17-inch paper or two 8-by-11-inch papers taped together. Translated versions will be available, and must be posted at workplaces where at least 20% of employees are not proficient in English. What about electronic communication? In addition to the physical posting, the final rule requires every covered employer to post the notice on an internet or intranet site if personnel rules and policies are customarily posted there. Employers are not required to distribute the posting by email, Twitter or other electronic means. Can an employer be fined for failing to post the notice? The NLRB does not have the authority to impose fines. Failure to post the notice may be treated as an unfair labor practice. The NLRB investigates allegations of unfair labor practices made by employees, unions, employers, or other persons, but does not initiate enforcement action on its own. Where can I find additional information about this new requirement? The NLRB has provided a fact sheet with further information about the rule that may be viewed by clicking here. You may also read the final rule in its entirety here.
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