Babst Calland Employment Bulletin – September 2011

Babst Calland Employment Bulletin – September 2011



Keeping You Up to Date with the Latest Employment and Labor News

New Federal Posting Requirement: Employee Rights Under the National Labor Relations Act

As of November 14, 2011, all employers subject to the National Labor Relations Act ("NLRA") must post a notice in a conspicuous place informing employees of their rights under the NLRA. The notice, which will be drafted and published by the National Labor Relations Board ("the Board") and will identify itself as a government publication, provides employees with a summary of their rights under the NLRA along with illustrative examples of general circumstances that violate those rights. Additionally, the notice contains information about the Board's jurisdiction, contact information for the Board, a description of basic procedures used to enforce NLRA rights, and information about filing a charge with the Board. The notice also informs employees of the six month statute of limitations for filing a charge with the Board and advises employees to contact the Board with specific questions. Finally, the notice affirms that unlawful conduct will not be permitted and that the Board will prosecute violators.

The Board recently adopted this new posting requirement because of a belief that many employees protected by the NLRA are unaware of their rights under the act and the Board believes that the new posting will inform employees of their NLRA rights. Therefore, in addition to requiring posting in a conspicuous place, the Board requires that the notice be posted in every language spoken by at least 20 percent of the employer's work force. Additionally, employers who customarily post notices to employees on an internet or intranet site are required to post an electronic copy of the Board's notice on those sites as well. Furthermore, if an employer has remote or referral work sites, a copy of the notice must be posted at each remote or referral work site if at all possible.

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Copyright 2011 • Babst, Calland, Clements and Zomnir, P.C. • Two Gateway Center, Pittsburgh, PA 15222 • 412-394-5400 • Employment Bulletin is privately distributed by Babst, Calland, Clements and Zomnir, P.C., for the general information of its clients, friends and readers. It is not designed to be, nor should it be considered or used as, the sole source of analyzing and resolving legal problems. If you have, or think you may have, a legal problem or issue relating to any of the matters discussed in the Employment Bulletin, consult legal counsel.

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Attachment: Babst Calland Employment Bulletin – September 2011.pdf