NLRB Issues Final Rule Requiring Employers to Post a Notice Informing Employees of Their Rights Under the NLRA

On August 25, 2011, the National Labor Relations Board (NLRB) issued a final rule entitled “Notification of Employee Rights under the National Labor Relations Act.” The rule mandates that private sector employers subject to the National Labor Relations Act (NLRA) post a notice informing employees of their rights under the NLRA in a “conspicuous place” readily seen by employees and penalizes employers for non-compliance. This new obligation applies to virtually all private sector employers, regardless of whether or not their workforces are unionized and regardless of whether they are federal contractors. The rule was published in the Federal Register on August 30, 2011 and originally was scheduled to take effect on November 14, 2011. However, on October 5, 2011, the NLRB announced that it would postpone the effective date to January 12, 2012, due to “queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board’s jurisdiction, and … in the interest of ensuring broad voluntary compliance.” Employers should prepare to comply with the final rule, which sets forth specific requirements for the size, color, content and posting of the notice (including electronic posting), and enforcement mechanisms, penalties and complaint procedures for non-complying employers.

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For the latest developments regarding this requirement, please visit Littler’s Labor Relations Counsel site.

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