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Recently, the National Labor Relations Board (“NLRB”) imposed a new requirement on private sector employers to notify all employees of their rights under the National Labor Relations Act (“NLRA”). Effective November 14, 2011, any private sector employer whose business falls within the jurisdiction of the National Labor Relations Act must post a notice that outlines employees’ rights under the NLRA. This notice will be similar to the notices that employers are required to post to comply with the Wage and Hour laws or Title VII of the Civil Rights Act.

The Notice must be (1) written; (2) posted in a conspicuous location so that all employees must see the notice, including in the location where other notices are posted; (3) must be at least 11×17 inches in size; and (4) must advise employees that they have the right to organize, to act together to improve wages and working conditions, the right to join a union and the right to refrain from engaging in these activities. Note: If the business normally circulates notices to employees via the internet or company intranet, then the company must circulate the notice in this same manner.

Most employers are covered by the NLRA and thus must post the notice. It is recommended that you take a digital picture with a date to prove when you posted the notice. Failure to post a notice is an unfair labor practice so being able to prove that the notice was in fact posted in an appropriate location is essential to winning such an allegation.

There are several companies that publish the required Labor Law posters. The poster is now available on the NLRB’s website at http://www.nlrb.gov/poster. Translated versions will be available, and must be posted at workplaces where at least 20% of employees are not proficient in English.