The National Labor Relations Board has issued a proposed regulation that, if finalized, would require virtually all private employers in the United States to post notices about workers’ rights under the National Labor Relations Act. Employers would be required to notify employees of their right to unionize, to bargain collectively and to strike or picket. Further, the proposed notice states that employers cannot prohibit employees from soliciting co-workers to join a union and cannot take any adverse action against an employee for engaging in union activities or other protected, concerted activity. The proposed notice also includes information regarding how an employee can report unlawful conduct.

Under the proposed regulation, employers would be required to post these notices “in conspicuous places,” including all places where notices to employees are customarily posted. In addition, employers would be required to distribute the notice electronically, such as by email or posting on an intranet, if the employer customarily communicates with its employees by such means.