New Posting Requirement For Most Private Employers Under NLRA


On August 25, 2011, the National Labor Relations Board issued its final rule requiring most private sector employers to notify employees of their rights to organize, among other rights. The rule, which takes effect on November 14, 2011, applies to all private sector employers subject to the National Labor Relations Act (including non-unionized workplaces). Only very small employers who have little or no impact on interstate commerce are excluded from coverage under the Act.

Covered employers will be required to post the notice where other workplace notices are usually posted, and for those employers who customarily post notices on an internet or intranet site, such employers will also be required to post the notice electronically on such sites.

Although the NLRB cannot impose fines for noncompliance, failure to post the notice can result in the tolling of the 6-month limitations period for filing other unfair labor practice charges against the employer. If the Board finds that the employer willfully fails to post the notice, the failure may also be considered evidence of unlawful motive in an unfair labor charge involving other alleged violations of the NLRA.

The official notice is not yet available for download, but attached is a copy of the required text under the new rule.

Click here for a copy of the

Employee Rights under the National Labor Relations Act