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, 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!

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

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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