Labor Laws 2011 – New NLRB Employment Law Poster
Employment Defense Attorney
by Sue M. Bendavid
818.907.3220
Attention Employers: There is a new labor law poster that must be displayed by most private-sector employers before November 14, 2011.
The poster is mandated by the National Labor Relations Board (the NRLB). The poster is intended to advise employees of their rights to organize under the National Labor Relations Act (the NRLA). Employers should be able to obtain the newest addition to the employer compliance posters before November 1st.
The compliance poster will contain information about the rights of employees to do the following:
▪ Act together to improve wages and working conditions;
▪ Form, join or assist a union;
▪ Bargain collectively with an employer; and
▪ To refrain from any of the above-listed activities.
The poster will provide examples of unlawful employer and union conduct, and it also provides contact information for the NLRB should employees wish to ask questions or lodge complaints.
Who Must Display the NLRB Poster?
Because the subject matter applies to all private-sector employers subject to the NLRA, as well as all union and non-union workplaces, almost all private employers in the U.S. will need to display this latest addition to employment law posters.
Certain industries and individuals are not covered by the Act. Exemptions include:
▪ Public-sector employees
▪ Agricultural and domestic workers
▪ Independent contractors and supervisors
▪ Workers employed by a parent or spouse
▪ Employees of air and rail carriers covered by the Railway Labor Act
Also, if you are a small employer (as defined by the Act) you might not be subject to the NLRB’s jurisdiction.
The notice is in English, but will also be available in other languages. If 20 percent or more of your work force is not proficient in English, you will have to display the notice in other languages as well. For example, if 20 percent of your employees speak Spanish, you will need a Spanish language poster.
Where Should You Display Employment Law Posters?
Employer compliance posters, including this latest one required by the NLRB, should be displayed in a conspicuous location where employees will readily see it. You should place these required notices anywhere you normally display personnel rules and policies.
If for example, you have a minimum wage poster displayed in an employee break room or by a time clock, you should post the new compliance poster in those areas as well.
You will not have to distribute the NLRB required poster electronically, but if you normally make notices of employee policy changes or display posters on a company intranet or website, you will have to add the new compliance poster to those platforms too.
If you have any questions about the new poster, labor laws or employer requirements, call me: 818.990.2120.
Sue M. Bendavid is a Los Angeles Employment Attorney and Chair of our Employment Law Practice Group. She represents employers throughout California.