Closely-Held Business Alert: April 30 Deadline for Notice Posting Rule


Deadline For Private Employers To Comply With Notice Posting Rule

The National Labor Relations Board (NLRB) recently published a rule requiring all private sector employers subject to the National Labor Relations Act (NLRA) and the jurisdiction of the NLRB – both union and non-union – to post a notice informing employees of their rights under the NLRA. The NLRA covers a broad range of private sector employers with exceptions for specific types of business and small businesses with a limited impact on interstate commerce (such as retail businesses with gross annual volumes of business less than $500,000 and non-retail businesses with an annual inflow or outflow of out-of-state goods or services totaling less than $50,000). Employers subject to the rule must post the notice even if their workforce is not unionized.

Numerous lawsuits have been filed challenging the posting requirement. The U.S. District Court for the District of Columbia upheld the NLRB’s authority to promulgate the notice posting rule, while a U.S. District Court in South Carolina recently held that the NLRB lacked the authority to pass the rule. Despite the ongoing litigation, the effective date for notice posting rule remains April 30, 2012.

Employers subject to the rule must post the notice in “conspicuous” places, including places where notices to employees concerning personnel rules or policies are customarily posted. The required notice can be found at the NLRB’s website. Employers are permitted to print the poster directly from the NLRB’s website, but must retain its original size (11 x 17 inches). Alternatively, employers are permitted to provide the notice consolidated onto one large poster, which contains other federal and state mandated employment notices, so long as the size, content, and format of the NLRB’s notice are not altered. In addition to posting the notice physically, employers who customarily communicate with their employees about personnel policies on an intranet or internet site are required to post the notice electronically.

As always, if you have any questions concerning the NLRA’s coverage or the requirements of the NLRB’s notice-posting rule, please contact Randy Duncan or Kate Grado at 503-242-0000.

Nothing in this communication creates or is intended to create an attorney client relationship with you, constitutes the provision of legal advice, or creates any legal duty to you. If you are seeking legal advice, you should first contact a member of the Closely Held Business Team with the understanding that any attorney client relationship would be subsequently established by a specific written agreement with Harrang Long Gary Rudnick P.C. To maintain confidentiality, you should not forward any unsolicited information you deem to be confidential until after an attorney client relationship has been established.

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