February 15, 2013

New FMLA poster requirement takes effect March 8

Posted in Family and Medical Leave Act (FMLA), Leaves of Absence, Posting Requirements, Posting Requirements, Uncategorized tagged , , , , , , at 7:16 am by Tom Jacobson

FMLABy March 8, 2013 employers covered by the Family and Medical Leave Act must start using the new poster prepared by the United States Department of Labor. The poster summarizes the major provisions of the FMLA, and it advises employees how to file a complaint. The DOL requires the poster to be “displayed in a conspicuous place where employees and applicants for employment can see it…. [and] at all locations even if there are no eligible employees.” Covered employers may continue to use the old version of this poster until March 7, but thereafter they must post the new notice.

Not every employer in the U.S. is covered by the FMLA. Under the FMLA, a “covered employer” is a:

  • Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;
  • Public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs; or
  • Public or private elementary or secondary school, regardless of the number of employees it employs.

Download the DOL’s new poster by clicking here or by visiting the DOL Wage and Hour Division’s FMLA site. For more information about this article, please contact me at alexandriamnlaw.com or  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 2013 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

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November 9, 2012

January 16, 2013 Employment Law Update Announced

Posted in Acknowledgment, Age, Arrest records, At-will Employment, Background Checking, Color, Conviction Records, Criminal History, Disability, Disclaimers, Discrimination, Employee Handbooks, Facebook, Fair Labor Standards Act, Family and Medical Leave Act, Gender / Sex, Harassment, Hiring and Recruiting, Interactive Process, Leaves of Absence, National Labor Relations Act, National Origin, Posting Requirements, Posting Requrements, Protected Concerted Activity, Race, Reasonable Accommodation, Religion, Retaliation, Sexual Harassment, Sick Leave, Social Media, Social Media in the Workplace, Workplace Posters tagged , , , , at 10:28 am by Tom Jacobson

Need continuing education credits?  Want to keep up to date on the latest developments in employment law?  If so, here’s an opportunity for you.

I’ll be moderating Lorman’s Employment Law Update in Fargo, North Dakota on January 16, 2013. The day-long event has been approved for 6.5 hours of HRCI and CLE credit, 1.0 hour of HRPD credit, and 8.0 hours of CPE credit.

In interested, please contact me at taj@alexandriamnlaw.com, or click here for more information or to register.

I hope to see you in Fargo on January 13!

P.S. Don’t forget to ask me about a discount on the registration fee!

June 22, 2012

Poster Wars — the Saga Continues

Posted in National Labor Relations Act, Posting & Notice Requirements, Posting Requirements, Posting Requrements tagged , , , , , , , , , , , , , , , , at 2:16 pm by Tom Jacobson

The saga continues over the workplace poster requirement imposed by the National Labor Relations Board. As I have previously noted, in a lawsuit brought by the National Association of Manufacturers, the United States Court of Appeals for the District of Columbia has already issued an injunction temporarily blocking the requirement.

In a separate federal lawsuit brought by the United States and South Carolina Chambers of Commerce, another federal judge concluded that the rule is unlawful. However, the NLRB has now appealed that decision to the United States Court of Appeals for the Fourth Circuit. If the Fourth Circuit rules in favor of the NLRB, the split between the Fourth Circuit and the DC Courts of Appeal would set up the possibility of the issue ultimately being resolved by the United States Supreme Court.

For 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 NLRBNLRB’s Posting Requirement Delayed, NLRB’s Posting Requirement Delayed Again, and NLRB’s Posting Requirement Blocked by Federal Court).

What you need to know: The NLRB’s rule, if eventually upheld, would require nearly all private-sector employers to post a notice informing employees of their rights under the National Labor Relations Act. The rule would also establish that an employer’s failure to post the notice “may be found to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed by [the] NLRA…“. However, because of the DC Circuit’s temporary injunction, the rule is not in effect, so employers are not  required to post the notice. The Fourth Circuit appeal will also shed more light on the issue. Stay tuned.

For more information about this issue, please 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 2012 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

April 18, 2012

NLRB’s Posting Requirement Blocked by Federal Court

Posted in National Labor Relations Act, Posting & Notice Requirements, Posting Requirements, Posting Requrements tagged , , , , , , , , , , , , , , at 9:23 am by Tom Jacobson

The United States Court of Appeals for the District of Columbia issued on April 17, 2012 an injunction which temporarily blocks the posting requirement the National Labor Relations Board has been attempting to impose.  The order was issued in the National Association of Manufacturers lawsuit I noted in my previous article, NLRB’s Posting Requirement Upheld – but Weakened – by Federal Judge.  For more information about the appellate court’s injunction, see NLRB Union Poster Rule Delayed While Challenge Proceeds and Appeals court blocks National Labor Relations Board from requiring union posters at work sites.

For 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 NLRBNLRB’s Posting Requirement Delayed, and NLRB’s Posting Requirement Delayed Again).

What you need to know: The NLRB’s rule would have required nearly all private-sector employers to post by April 30, 2012 a notice informing employees of their rights under the National Labor Relations Act.   However, because of this temporary injunction, those employers will not be required to post the notice, but this could change as the issue winds its way through the federal court system. Stay tuned.

For more information about this issue, please 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 2012 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

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

February 16, 2011

Proposed rule: employers must post notice of union rights

Posted in Posting Requirements, Posting Requrements tagged , , , , , , at 10:50 am by Tom Jacobson

Under a rule proposed by the National Labor Relations Board, employers would be required to post a notice informing employees of their right to unionize.  According to the NLRB, “[M]any employees protected by the NLRA are unaware of their rights under the statute. The intended effects of this action are to increase knowledge of the NLRA among employees, to better enable the exercise of rights under the statute, and to promote statutory compliance by employers and unions.”  (See Board proposes rule to require posting of NLRA rights, NLRB Dec. 10, 2010 http://bit.ly/e8BEx4).

If the rule, (http://bit.ly/f4A8GU) becomes final, employers would be required to post yet another notice along with the myriad of other employment-related notices they must already post.  Furthermore, failure to post the notice would be treated as an unfair labor practice under the National Labor Relations Act.

Board member Brian Hayes dissented from the proposed rule, noting “the Board lacks the statutory authority to promulgate or enforce the type of rule which the petitions contemplated and which the proposed rule makes explicit.”  Other opponents have noted that the proposed notice provides a skewed explanation of employees’ rights along with pro-organizing examples.  (See NLRB rule has lawyers bracing for litigation, Minnesota Lawyer Feb. 14, 2011).

There is certainly a basis for these concerns.  The NLRA is a complex statute which is not limited to merely granting rights to employees; it also imposes obligations on them, and it provides certain protections to employers as well.  The text of the NLRB’s proposed notice lists all of the employees’ rights, but it does not mention their corresponding obligations or the employers’ rights.

The comment period for this proposed rule ends on February 22, 2010.  Comments may be posted electronically by going to http://bit.ly/f4A8GU.

If you have any questions about this post, please 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

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