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NLRB Requires Mandatory Posting for Most Employers but Postpones Compliance Date

November 21, 2011

On August 30, 2011, the National Labor Relations Board (“NLRB”) issued a Final Rule (“Rule”) mandating that any employer subject to the National Labor Relations Act (“NLRA”) post notice to its employees of their NLRA rights. The NLRB has postponed the effective date of the Rule to January 31, 2012, in order "to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses." The NLRB says that more time is necessary for employers to resolve questions as to whether or not they fall under the Board’s broad jurisdiction.

The Rule requires that almost all private employers, even those without a unionized workforce, post a notice explaining the employees' right to organize and bargain collectively with employers and to engage in or refrain from other protected activity. Few private employers are exempt from the Rule, although certain employers who are too small to reasonably affect interstate commerce may be outside of its scope.

The Rule further requires that the notice be prominently displayed alongside other legal notices to employees and where personnel rules are posted. The notice must be at least 11 inches by 17 inches, in black and white or color. If an employer uses an internet or intranet site to communicate personnel rules to its employees, the notice must be available there as well. It is not necessary that the notice be sent via email or other electronic media.

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Attorneys At Law

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