Employers Are Now Required to Post Notice Informing Employees of Their Rights Under the National Labor Relations Act

As promised, on August 25, 2011, the National Labor Relations Board (“NLRB”) issued final regulations pursuant to which the NLRB now requires all National Labor Relations Act (“NLRA”) – covered employers to post a notice to employees informing them of their rights under the NLRA.  NLRA-covered employers include private employers that have an impact on interstate commerce, which is determined by the dollar volume of business generated.  Importantly, employers must post the notice regardless of whether or not they have a unionized workforce.  The notice, which is 11 x 17 inches, is required to be posted by November 14, 2011.  Employers can find the content of the poster at www.nlrb.gov.

The posters must be conspicuously displayed in the workplace in a location where employment notices are customarily posted.  Employers that normally use the Internet or Internet sites to post personnel rules and/or policies should also post the notice, or the NLRB’s link to the notice, on the company’s website.  As with the New Jersey Conscientious Employee Protection Act notice, where a majority of the workforce is not fluent in English, the employer must display a poster in the applicable and appropriate languages of the workforce.

Employers that fail to comply with this posting requirement may be subject to penalties, including an unfair labor practice charge, a finding that they have an “unlawful motive,” and/or the granting of extra time for employees to file an unfair labor practice charge against the employer.

As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.

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