Legal Alert: NLRB to Require Posting of Notice of Employee Rights


The National Labor Relations Board (NLRB) has issued a final rule that will require employers covered by the National Labor Relations Act (NLRA) to post a notice in the workplace explaining employees' rights under the NLRA. The posting requirement applies to employers covered by the Act, regardless of whether the workplace is unionized or union-free. The rule was published in the Federal Register on August 30, 2011, and will take effect November 14, 2011. The notice requirement does not apply to employers who are not covered by the NLRA, including, among others, any person subject to the Railway Labor Act, as well as entities over whom the Board has been found not to have jurisdiction or over which the Board has chosen not to assert jurisdiction.

In December 2010, the Board issued a Notice of Proposed Rulemaking (NPRM) stating that it believes most employees are not aware of their rights under the NLRA and proposing a rule that would require employers to post a notice in the workplace that explains these rights. The notice included in the proposed rule was identical to the notice that non-exempt federal contractors and subcontractors are required to post. Rather than tracking the language of the NLRA, the proposed notice contained examples of employer and union practices that would violate the Act.

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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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