Question:

I own a small local business and try to keep up with the many workplace posters that are required in California. I usually update my posters in January but I heard there is a new notice that must be posted sooner. What is it, and am I required to post it?

Answer:

I own a small local business and try to keep up with the many workplace posters that are required in California. I usually update my posters in January but I heard there is a new notice that must be posted sooner. What is it, and am I required to post it?

A: Yes, there is a new notice that must be posted by most employers by November 14, 2011. In December 2010 the National Labor Relations Board (NLRB) proposed a rule requiring most employers to post a notice informing employees of their rights under the National Labor Relations Act (NLRA). The Board issued the final rule requiring most private-sector employers to display the notice, which is available at www.nlrb.gov/poster. The new notice describes employee rights, and union and employer actions that would be considered illegal.

Most private sector employers, except agricultural, railroad, and airline employers are subject to the posting requirement. Non-unionized employers have to post the notice as well as unionized employers since the NLRA applies to both union and nonunion workplaces. In the case of retail businesses, including home construction, the posting requirement applies to any employer with a gross annual volume of business of $500,000 or more.

However, certain small employers that have little impact on interstate commerce are excluded, so your business may be exempt from the notice requirement. For example, the following employers need not post the notice:

  • private schools with gross annual revenue of less than $1 million;
  • restaurants and hotels with gross annual revenue of less than $500,000;
  • health care facilities and day care centers with gross annual revenue of less than $250,000;
  • nursing homes with gross annual revenue of less than $100,000;
  • businesses that do not have employees; and
  • non-retail employers that buy or sell less than $50,000 in goods or services out of state.

The NLRB facts page at http://www.nlrb.gov/faq/ poster is helpful in determining if your business is required to post this new notice.

The new notice must be posted in a conspicuous place so it can be readily seen by employees. 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. If at least 20 percent of the employer’s workforce is not proficient in English and speaks another language, the employer must also post the notice in that other language.

If the NLRB discovers an employer has failed to post the notice as required, it will remind the employer to do so. It has the authority to order compliance if necessary. Employees normally have six months to file an unfair labor practice charge, but the time may be extended if an employer has failed to post the notice. Noncompliance with the notice requirement could also be used as evidence of an employer’s unlawful motive to prove a violation of the NLRA.
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