Questions & Answers Regarding: “Employee Rights Under the NLRA” Poster Requirement
The National Labor Relations Board (NLRB) issued a final rule requiring private employers to notify employees of their rights under the National Labor Relations Act (NLRA). The mandatory Labor Law Notice requirement is effective January 31, 2012.
Compliance Poster Company has included information in this Q & A Fact Sheet to assist employers with questions we anticipate may arise. In the event you have any additional questions please call our knowledgeable Compliance Advisors at 1-800-817-7678 for assistance.
Q: Will Compliance Poster Company have the poster available and when?
A: Yes. CPC will prepare a compliant product for posting once the official “Employee Rights” notice is released by the NLRB. The deadline for posting the notice is January 31, 2012. Employers should post the notice on or before the January 31, 2012 effective date. We are taking pre-orders for the “Employee Rights” notice available for immediate shipping after the notice releases.
Q: Will the employee notice be included on the All-On-One™?
A: No. Due to the NLRB size requirement of 11” x 17” this notice will be required as an 11” x 17” stand alone poster not included on the All-On-One posters.
Q: Does my company have to post the notice?
A: The mandatory posting requirement applies to nearly all private-sector employers subject to the NLRA.
Q. Are there any businesses excluded from the posting requirement?
A: Yes. Public-sector employees, agricultural and domestic workers, air and rail carriers covered by the Railway Labor Act, and the U.S. Postal Service are not required to post the notice.
Q: There is no union in my workplace. Do we still have to post the notice?
A: Yes. NLRA rights apply to union and non-union workplaces. All employers subject to the Board’s jurisdiction must post the mandatory notice.
Q: Do small businesses have to post the notice?
A: Again, the rule applies to most private-sector employers subject to the Board’s jurisdiction. The Board has not asserted jurisdiction over very small employers. The NLRB does not exercise jurisdiction over very small businesses whose annual volume of business is not large enough to have a more than slight effect on interstate commerce.
Q: Do federal contractors have to post the notice?
A: Federal contractors are already required to post a similar notice of employee rights. CPC has this mandatory notice available for purchase, products, #74715 English and #75715 which is Bilingual (English & Spanish). If a significant portion of the contractor’s or subcontractor’s workforce is not proficient in English, they must post the required notice in languages spoken by the employees. Under the rules, the penalties for non-compliance are severe.
Q: What if my company communicates with employees electronically?
A: The physical posting of the notice is mandatory; however, in addition to the physical posting the rule requires every covered employer to post the notice on an internet site if personnel rules and policies are customarily posted there. Distributing the notice via email or including with pay stub does not fulfill the physical and electronic posting requirement.
Q: Must the notice be posted in other languages?
A: Yes. The notice must be posted in English and in another language if at least 20% of employees are not proficient in English and speak another language. CPC will have the notice available in Spanish.
Q: Where must we post the mandatory notice?
A: The mandatory notice must be posted in conspicuous places where it is easily seen by employees and where employee notices covering personnel rules or policies are posted.
Q: How will the Board enforce the rule?
A: Failure to post the notice may be treated as an unfair labor practice under the NLRA. The Board investigates allegations of unfair labor practices made by employees, unions, employers and other persons.
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