Last week, the National Labor Relations Board issued a Final Rule requiring employers to post a notice informing employees of their rights under the National Labor Relations Act. The Final Rule, entitled "Notification of Employee Rights Under the National Labor Relations Act, contains a long list of employee rights, and many examples of unlawful employer conduct.
The notice requirement takes effect November 14, 2011. Copies of the notice will be available on the NLRB’s website beginning November 1, 2011. The notice should be posted in the location where employers post other required notices. Additionally, if employers typically post workplace rules on an internet or intranet site, the employer must also post the notice on that site.
You’re probably thinking, "Why do I care, we don’t have a union," right? Wrong! This new posting requirement applies to both union AND non-union employers subject to the NLRA, which means it covers just about every private employer. There are limited exceptions, including agricultural, railroad, and airline employers, but it applies to the vast majority of workplaces.
The NLRB has posted a helpful Q&A on the Final Rule, which can be found here. Be sure to post the notice no later than November 14, 2011, as failure to properly post the notice may constitute an unfair labor practice under the Final Rule. If you have questions about the notice or whether you’re required to post it, please contact counsel to discuss.