Important note: The DC Circuit Court of Appeals has temporarily enjoined the NLRB’s rule requiring the posting of employee rights under the National Labor Relations Act. The rule, which had been scheduled to take effect on April 30, 2012, will not take effect until the legal issues are resolved. There is no new deadline for the posting requirement at this time.Employee rights notice posting frequently asked questions.
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The posting of NLRA rights was proposed by the Board in a federal rulemaking procedure in December 2010. The proposal was posted in the Federal Register and public comments were accepted for a 60-day period. The Board received nearly 7,000 comments.
The easiest way to obtain the Notice is to download it from www.nlrb.gov/posterand print it on a single 11-by-17 paper or two 8-by-11 papers taped together. Free copies of the Notice are available on request from any NLRB regional office. Finally, employers can satisfy the rule by purchasing and posting a set of workplace posters from a commercial supplier.
The NLRB does not audit workplaces or initiate enforcement actions on its own, nor does it have the ability to assess fines or penalties.
A failure to post the Notice would need to be brought to the Board’s attention in the form of an unfair labor practice charge by employees, unions, or other persons. In most cases, the Board expects that employers who fail to post the Notice were unaware of the rule and will comply when requested by a Board agent. In such cases, the unfair labor practice case will typically be closed without further action.
No, the rule has no record-keeping or reporting requirements.
Yes. The Notice must be posted in English and in another language if at least 20% of employees are not proficient in English and speak the other language. The Board will provide translations of the Notice, and of the required link to the Board’s website, in the appropriate languages.
Employers who typically post personnel rules and policies on an internet or intranet site should also post the Notice of NLRA rights there, in addition to a physical posting. Employers are not required to distribute the posting by email, Twitter or other electronic means.
The Notice should be posted in conspicuous places, where other workplace rights notices and company notices concerning personnel rules or policies are customarily posted. Reasonable steps should be taken to ensure the Notice is not altered, defaced, or covered by any other material, or otherwise rendered unreadable.
Employers with remote worksites inside the United States should post the Notice at those locations to ensure that all employees are notified of their rights. However, employers who dispatch employees to worksites owned and operated by a client are not responsible for notice-posting there.
All employers that fall under the Board's jurisdiction, other than the U.S. Postal Service, must post the notice of employee rights.
The Board has statutory jurisdiction over private sector employers whose activity in interstate commerce exceeds a minimal level. Over the years, it has established standards for asserting jurisdiction, which are described below.