September 8, 2011
On August 30, 2011, the National Labor Relations Board (NLRB) issued a final rule that requires all employers subject to the NLRB's jurisdiction to post a notice informing employees of their rights under the National Labor Relations Act (NLRA). The rule becomes effective on November 14, 2011, and applies to virtually all private sector employers, even if their workforces are not unionized and even if they are not federal contractors.
The notice essentially outlines the NLRA and informs employees of their right to act together to improve wages and working conditions, to form, join and assist a union, and to bargain collectively with their employer, as well as to refrain from any of these activities. The notice also includes information regarding how an employee can report unlawful conduct by their employer.
The notice can be downloaded from the NLRB website at http://www.nlrb.gov and will also be provided at no charge by the NLRB regional offices on or before November 1. Translated versions will also be available and must be posted at workplaces where at least 20 percent of the employees are not proficient in English. Employers will also be required to post the notice on an intranet or internet site if personnel rules and policies are customarily posted there. Failure to post the notice may be deemed an unfair labor practice, may be evidence of unlawful motivation in a discharge case, and may toll the six-month statute of limitations for filing charges claiming violations of the NLRA.
Employers should be sure to take the necessary steps to comply with this new notice requirement by the November 14 [now changed to January 31, 2012] deadline. For more information on compliance, please contact a Richards, Layton & Finger attorney.