new employee rights noticeIn one of our August blog articles… Final Ruling on Controversial Employee Rights Notification… we reported that employers would be required to post the new employee rights notice as of November 14, 2011.

The National Labor Relations Board (NLRB) has postponed the implementation date for its new employee rights notice-posting rule until January 31, 2012 in order to allow for improved education and outreach to employers, particularly those who operate small and medium sized businesses. 

The postponement was a result of uncertainty regarding which businesses fall under the Board’s jurisdiction, and was done with the goal of broad voluntary compliance.  As a result of the postponement, most private sector employers will be required to post the 11-by-17-inch notice beginning on January 31, 2012. 

The notice is available at no cost from the NLRB through its website, either by downloading and printing or ordering a print by mail.  Copies also are available from any of the agency’s regional offices.  In addition, employers should publish a link to the notice on an internal or external website if other personnel policies or workplace notices are posted there.

For further information about the employee rights notice posting, including a detailed discussion of which employers are covered by the NLRA, and what to do if a substantial share of the workplace speaks a language other than English, please see the NLRB’s Frequently Asked Questions.

Frequently Asked Questions Regarding the New Employee Rights Notice
We’ve pulled five of the most frequently asked questions from the NLRB website and posted the answers here…

  1. Does my company have to post the notice?
    The posting requirement applies to all private-sector employers within the Board’s jurisdiction.  This includes most private-sector employers, including labor unions, but excludes agricultural, railroad and airline employers, as well as very small employers that conduct an insufficient volume of business to have more than a slight effect on interstate commerce. 
  2. What if I operate a religiously-affiliated institution?
    The Board has asserted jurisdiction over some religiously-affiliated employers in the past, but has declined to assert jurisdiction over others.  Because this is a complex issue, such employers are advised to contact their Regional Office.
  3. What if my organization is a non-profit?
    Non-profit organizations are not exempted from the NLRA and are thus required to post the Notice.
  4. What if my employees work at remote sites and would not see a posting in the main office?
    Employers with remote worksites should post the Notice at those locations to ensure that all employees are notified of their rights.
  5. Where should the Notice be posted?
    The Notice should be posted in conspicuous places, where other workplace rights notices and company notices concerning personnel rules or policies are customarily posted.  Reasonable steps should be taken to ensure the Notice is not altered, defaced, or covered by any other material, or otherwise rendered unreadable.

New Employee Rights Poster Downloads Available from NLRB
PLEASE NOTE:  The poster is required to be 11 x 17 inches, in color or in black-and-white.  When printing to full size, be sure to set your printer output to 11 x 17.  Or you may print the two 8.5 x 11 pages and tape them together.

English Version of the New Employee Rights Notice

Spanish Version of the New Employee Rights Notice