Imagine that on November 14, 2011, as the Director of the St. James Interdenominational Faith Academy, one of the school's teachers comes into your office and informs you that unless the school immediately posts the National Labor Relations Board notice advising employees of their rights, including the right to form a union and bargain over their wages and other terms of employment, he will file a complaint with the NLRB forcing you to post it and also seek to have the NLRB impose the full penalties allowed by law. You have never heard of such a notice. Is it really required? The school has no union and isn't the NLRB only concerned with unions? Aren't religious schools exempt from such laws? What do you do? Where do you begin?
Private schools, including private religious schools, such as the fictional St. James in the example above, are increasingly, and sometimes painfully, becoming aware that the myriad of federal labor and employment laws that they gave no thought to in the past thinking that their schools were exempt, might apply to them after all. Is this true with respect to the NLRB's new rule requiring employers to prominently post a notice which explains the rights that employees have under the National Labor Relations Act (NLRA)? The answer, as is so often the case is, "It depends." But a word to the wise….get your thumb tacks ready.
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