Are You Ready For The New NLRB Employee-Rights Notice Requirement Concerning Unionization?


On August 25, 2011, the National Labor Relations Board (NLRB) announced that a final rule, which would require all employers subject to the Board’s jurisdiction (which includes most employers except for extremely small employers who do not engage in interstate commerce) to post an 11 x 17-inch notice of employee rights under the National Labor Relations Act (NLRA), will go into effect 75 days following the publication of the rule in the Federal Register (most likely November 14th).

Physical posting of the Notice will be required at "conspicuous places…readily seen by employees, including all places where notices to employees…are customarily posted." Additionally, any employer that "customarily communicates" via intranet or Internet with its employees as to "personnel rules or policies" must display an exact copy of the Notice on such site(s), or a link to the NLRB's website which reads, "Employee Rights Under the National Labor Relations Act." The final rule, however, does not require the Notice to be posted via email. The Notice must be posted in English and in another language if at least 20% of the employees are not proficient in English and speak the other language. The NLRB will provide translations of the Notice in the appropriate language. The Notice will be provided at no charge by the NLRB Regional offices or can be downloaded from the NLRB website as of November 1, 2011.

Please see full alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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