Have you downloaded your NLRB employee rights poster?
Late last month, the National Labor Relations Board issued a final rule requiring almost all private-sector employers in the country to notify employees of their rights under the National Labor Relations Act, which guarantees the right to organize, discuss workplace conditions, and strike and picket.
The 11-by-17-inch notice, issued this week, will need to be posted in a conspicuous place and in all applicable languages by November 14.
The employee rights poster regulation applies to both union and non-union workplaces so long as the employer is subject to the NLRA. Exceptions will be made for businesses that meet one of the following criteria:
- Only employs independent contractors or person not defined as "employees;
- Gross annual volume of business less than $500,000;
- Less than $50,000 in goods or services provided by the employer out of state, or purchased by the employer from out of state; or
- Meets profession and industry-specific standards as provided here.
Covered employers who fail to comply with the new regulation may be found to have interfered with, restrained, or coerced employees with respect to their NLRA-guaranteed rights.
This could lead to a full-scale investigation, financial sanctions, and potential monitoring by the NLRB. It may also count against you should a more serious violation arise.
If unsure as to whether your business falls under the NLRB's jurisdiction and must comply with the employee rights poster regulation, you should either contact the agency or a labor attorney for more information.
- Labor: NLRB requires employers to post union rights notice (Inside Counsel)
- Unions Basics (FindLaw)
- Can My Employees Form a Union? (FindLaw's Free Enterprise)