NJ Labor And Employment Law

The New Jersey Labor and Employment Law Blog is authored by Jay S. Becker and Joseph C. DeBlasio, shareholders in the Labor and Employment Law Practice Group, with support from the associates in the Group. It is dedicated to provide news and updates regarding all labor and employment matters throughout New Jersey.

Deadline Approaching for Private Employers to Satisfy New Posting Requirement

March 26, 2012 | No Comments
Posted by admin

In an effort to increase employees’ awareness of their rights under the National Labor Relations Act (“NLRA”), the National Labor Relations Board (“NLRB”)  issued a final ruling on August 25, 2011 which imposes a new posting requirement for employers subject to the NLRA. Specifically, the rule requires that employers post and maintain in a conspicuous place within the workplace a notice setting forth employee rights under the NLRA, contact information for the Board, and information concerning enforcement procedures. The text of the required notice can be found here.

The NLRA generally applies only to private sector employers. Federal and State government employers, labor organizations (except when acting as employers), and other entities over which the NLRB has been found not to have jurisdiction are not considered “employers” for purposes of the NLRA, and accordingly are excepted from the posting requirement.

Covered private sector employers must post the notice by April 30, 2012. Posters must be at least 11 inches by 17 inches in size, and placed where they can be readily accessed by employees. For employers who communicate with employees through an intranet or internet site, they must also post the notice electronically in a prominent place. This can be achieved by downloading a copy of the poster onto the employer website, or by providing a link to the Board’s web site, where the poster can be found. If the employer chooses to provide a link to the Board’s website, the link must read “Employee Rights under The National Labor Relations Act.”

In addition, where 20 percent or more of an employer’s workforce speaks a language other than English, the notice must be posted in the other language as well. Further, where there are two or more groups of employees who speak different languages and similarly comprise at least 20 percent of the workforce, the employer has the option to either post the notice in each language, or post the notice in the language spoken by the largest group of employees and provide written copies of the appropriate notice to employees in the other language groups.

According to the final rule, failure to post this notice will result in an order directing the employer to cease and desist from unlawful conduct and post the required notice. Thus far, one U.S. district court has upheld the posting requirement itself, but found invalid as a matter of law provisions of the final rule stating that failure to comply may be deemed an unfair labor practice, and result in a tolling of the statute of limitations for filing of an unfair labor practice charge.

Additional challenges to the final rule are pending. In the meantime, employers should plan on posting the required notice in the workplace by April 30. Posters can be obtained at https://www.nlrb.gov/poster.

*The text of the NLRB’s final rule is set forth in Chapter 1, Part 104 of Volume 29 of the Code of Federal Regulations (CFR).

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