NLRA notice requirement delayed

The NLRB has postponed until January 31, 2012 the effective date of the new rule requiring employers to post the Notice of NLRA rights. The reason for the delay: "to allow for enhanced education and outreach to employers . . . ."

Employer notice posted

The NLRB has released a downloadable version of the Notice employers are required to post advising employees of their rights under the NLRA. Our previous post on the requirements is here.

NLRB Notice Posting Requirements obligates all private sector employers covered by NLRB Jurisdiction

On August 25, 2011, the National Labor Relations Board (NLRB) issued final regulations (194 pages!) concerning required notifications an employer must give to employees concerning their rights under the National Labor Relations Act. This requirement applies to all covered employers, not just those with a union. The requirements will take effect 75 days from the posting of the final rule in the Federal Register. The target deadline is November 15, 2011. If your company is subject to NLRA jurisdiction posting of the Notice is required. This is similar to the posting requirement imposed on federal contractors by executive order.
The NLRB will provide downloadable versions of the poster for free. Failure to post the notice will be considered an unfair labor practice. Willful failure to post the notice may be considered evidence of improper motivation for other acts alleged to be unfair labor practices. In appropriate situations the NLRB may extend the statute of limitations for the filing of other unfair labor practices where an employer fails to post the notice. Although there are no fines for non-posting the consequences can be substantial.
The posting must be “wherever notices to employees regarding personnel rules and policies are customarily posted and are readily seen by employees, not simply where other legally mandated notices are posted.” If the employer posts personnel rules on the internet or on a company intranet, the notice must also be posted there electronically.
Employers with 20% of their workforce not proficient in English must also post notices in the appropriate languages.