The National Labor Relations Board (NLRB) announced on October 5, 2011, that it is postponing the effective date for posting the employee rights notice informing employees of their rights under the National Labor Relations Act (Act). The NLRB had originally directed that the notice be posted as of November 14, 2011. The notice is now required to be posted as of January 31, 2012. The NLRB stated that it decided to extend the effective date of the posting to allow for enhanced education and outreach to employers about which businesses are required to post the notice. As we reported in our September 2011 E-Alert on this subject, except for agricultural employers, railroad employers, airlines and very small employers, the NLRB has jurisdiction over most retail businesses with gross annual revenues of at least $500,000 and non-retail businesses that provide goods or services out of state or purchase goods or services from out of state with a value of at least $50,000. Lower limits apply for some types of employers. Both unionized and non-unionized employers who meet the applicable monetary threshold for coverage under the Act are subject to the NLRB’s jurisdiction regardless of how many employees they have. In addition to this voluntary delay, several groups have filed suit in federal court seeking to block enforcement of the posting requirement; however, no decision has been issued in any of those cases.
If you have any questions about the NLRB posting requirement or any other labor or employment issue, you may contact any member of Phillips Lytle’s Labor & Employment Practice Group.