August 29, 2011
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Employers Required to Post Employee Labor Rights
Effective November 14, 2011, employers (unionized, and non-union alike) will be required to display a new poster informing employees of their rights under the National Labor Relations Act (NLRA), according to new regulations recently issued by the National Labor Relations Board (NLRB).
Who Is Affected
What the Notice Covers
It also provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or to file complaints.
What Employers Should Do
Employers will not be required to distribute the notice via e-mail, voice mail, text messaging or related electronic communications even if they customarily communicate with their employees in that manner. Employers may post notices in black and white as well as in color. The final rule further clarifies requirements for posting in foreign languages.
Failure to follow the posting requirement could result in an unfair labor practice charge before the NLRB. In addition, if the employer does not post the notice, employees may be able to file unfair labor practice charges outside of the applicable six-month statute of limitations, unless the employee had actual or constructive notice that the conduct complained of is unlawful.
Employers should take this opportunity to review their posted notices to ensure they are compliant with the various posting requirements of state and federal law. Employers – especially those without experience with the NLRA – should review the requirements of the Act and make their supervisors and managers aware of the restrictions it places upon them.
If you have any questions about the NLRA or these new regulations, please contact your Lathrop Gage attorney, the author of this alert, Tammy Somogye, or any of the attorneys listed above.
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