August 26, 2011

A post about posters — new workplace posting requirement imposed by NLRB

Posted in Posting & Notice Requirements, Posting Requirements, Workplace Posters tagged , , , at 4:11 pm by Tom Jacobson

The National Labor Relations Board has issued a final rule requiring most private-sector employers to notify employees of their rights under the National Labor Relations Act.  The final rule, which is scheduled to be published on August 30, will go into effect on November 14, 2011, and it will apply to nearly all private-sector employers in the U.S.

Therefore, unless employers fit into one of the NLRB’s narrow exemptions, they will be required to post the notice, and they may be required to notify employees of their rights via other means, such as via an intranet or internet site. Employers are exempt from the notice requirements if they do not fit the NLRB’s jurisdictional standards.  Those standards are primarily based on the size of the company and the nature of its business, and they are summarized in the final rule.

The NLRB has also published a fact sheet that briefly explains the rule.

According to the Society for Human Resource Management, the legality of the rule is likely to be challenged because the majority of the 7,034 comments the NLRB received on the rule were in opposition to it (Board Issues Final Rule on Posting Requirement, SHRM 8/26/2011).  However, unless and until the rule is actually struck down or withdrawn, it is a rule that will apply to nearly all private-sector employers in the U.S.

Of course, the NLRB is not the only authority that imposes posting requirements. Various state and federal agencies mandate their own notices. Minnesota employers can find and download state-mandated posters from the Minnesota Department of Labor and Industry’s website.

For more information about this case, contact me at taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2011 Swenson Lervick Syverson Trosvig Jacobson, PA

Advertisements

5 Comments »

  1. […] more information about this issue, please see my previous post, A post about posters — new workplace posting requirement imposed by NLRB, or contact me at taj@alexandriamnlaw.com. The comments posted in this blog are for general […]

  2. […] more information about this issue, please see my previous articles, A post about posters – new workplace posting requirement imposed by NLRB and NLRB’s posting requirement delayed, or contact me at taj@alexandriamnlaw.com. The […]

  3. […] Board is valid, but other parts of the rule go too far.  As noted in my previous articles (A post about posters – new workplace posting requirement imposed by NLRB, NLRB’s posting requirement delayed, and NLRB’s posting requirement delayed again), […]

  4. […] more information about the roller coaster history of this proposed rule, see my previous articles (A Post about Posters – New Workplace Posting Requirement Imposed by NLRB, NLRB’s Posting Requirement Delayed, and NLRB’s Posting Requirement Delayed […]

  5. […] more information about the roller coaster history of this proposed rule, see my previous articles (A Post about Posters – New Workplace Posting Requirement Imposed by NLRB, NLRB’s Posting Requirement Delayed, NLRB’s Posting Requirement Delayed Again, and […]


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: