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Good afternoon:
Hello, Labor Day Weekend!
Three days off and then we put our progeny back on the school bus! What's not to like about a little downtime and making sure the kids can reed and rite.
It's back to work for the rest of us on September 6, so we have an item to add to your post-holiday "to-do" list:
New poster requirements from the National Labor Relations Board:
The NRLB just issued its final rule requiring most private-sector employers to notify employees of their rights under the National Labor Relations Act (NLRA) through a required poster. (Exceptions noted below.)
We hope the following will answer questions you may have about the poster requirements, but don't hesitate to contact us if you need more information.
Q: What is the general purpose of the posting requirement?
A: The NLRA was enacted in 1935, and regulates most private sector labor-management relations in the United
States. The NLRB contends that "many employees protected by the NLRA are unaware of their rights under
the statute and that the rule will increase knowledge of the NLRA among employees." The notice will provide
information about the rights of employees to act together to improve wages and working conditions, to form, join
and assist a union, to bargain collectively with their employer, and to refrain from any of these activities. It will also
provide examples of unlawful employer and union conduct and instruct employees how to contact the NLRB with
questions or complaints. Specific language for the notice is provided by the NLRB in the final rule.
Q: When will the poster requirement take effect?
A: Employers should start posting this notice on or before November 14, 2011.
Q: Is my company covered by this requirement?
A: Most private-sector employers are subject to the National Labor Relations Act and are required to post this notice to employees. According to the language in the required notice: "Excluded from coverage under the NLRA are public sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors."
Q: I operate a small business. Am I covered by this requirement?
A: Again, most private-sector employers are covered. The notice requirement applies to all employers subject to the
NLRB's jurisdiction. Some very small employers will not be subject to the notice requirement because they are not
under the NLRB's jurisdiction. The NLRB does not exercise jurisdiction over small businesses whose annual volume of business has only a slight effect on interstate commerce. The NLRB generally applies two standards to determine if it has jurisdiction: the retail standard and the nonretail standard.
The retail standard applies to employers in retail businesses, including home construction. The NLRB will take jurisdiction over any such employer with a gross annual volume of business of $500,000 or more. The nonretail standard applies to most other employers. It is based on the amount of goods sold or services provided by the employer out of state ("outflow") or goods or services purchased by the employer from out of state ("inflow"). The NLRB will take jurisdiction over any employer with an annual inflow or outflow of at least $50,000.
Small businesses who are unsure if they are under the NLRB's jurisdiction and subject to this poster requirement should consult with labor counsel.
Q: I don't have a union at my workplace am I still required to post the notice?
A: Yes. Rights under the NLRA apply to union and non-union workplaces. All employers subject to the NLRB's
jurisdiction will be required to post the notice.
Q: I am a federal contractor who is already required to post a similar notice. Do I also have to post this notice?
A: The posting requirement will apply to federal contractors who are already required by the federal Department of Labor to post a similar notice of employee rights. However, a contractor will be regarded as complying with the
NLRB's notice posting rule if it posts the Department of Labor's notice.
Q: Where am I required to physically post the notice?
A: The employee notice must be posted in a conspicuous place where it is easily seen by employees, including all places where notices to employees concerning personnel rules or policies are normally posted.
Q: Am I required to electronically post the notice in any manner?
A: In addition to the physical posting, employers are required to post the notice on an internet or intranet site if
personnel rules and policies are customarily posted there. Employers are not required to distribute by email, social
media, or other electronic means.
Q: Will I be required to post the notice in languages other than English?
A: The notice must be posted in English and in another language if at least 20 percent of employees are not
proficient in English. If an employer's workforce includes two or more groups constituting at least 20 percent of the workforce who speak different languages, the employer must either post the notice in each of those languages, or, at the employer's option, post the notice in the language spoken by the largest group of employees and provide each employee in each of the other language groups a copy of the notice in appropriate language. The NLRB will provide translations of the notice.
Q: What happens if I don't comply with the posting requirement?
A: Failure to post the notice may be treated as an unfair labor practice under the NLRA. The NLRB investigates allegations of unfair labor practices. The NLRB does not have the authority to issue fines, but can take other remedial action.
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