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Following a recent ruling by the National Labor Relations Board (NLRB), most private sector employers must display a new official poster notifying employees of their rights under the National Labor Relations Act (NLRA). An employer’s knowing and willful failure to display the new poster may be considered evidence of an unlawful motive if the employer is later accused of other NLRA violations. |
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Here are highlights of the new requirements:
Which employers must hang the new poster?
All private sector employers within the NLRB’s jurisdiction must hang the new poster. The NLRA rights apply, and the new poster must be hung, in both union and non-union workplaces, as well as both for-profit and non-profit organizations.
Certain agricultural, railroad and airline employers are not within the jurisdiction of the NLRB and do not have to hang the new poster. Likewise, certain very small businesses are exempt from the NLRB and do not have to hang the new poster. The rules governing which small businesses qualify for this exemption can be complex. Generally, the NLRB categorizes small businesses into “retail” and “non-retail” businesses. “Retail” businesses (including home construction) with less than $500,000 in gross annual volume of business are exempt and do not have to hang the poster. “Non-retail” businesses with either a gross annual “inflow” (goods or services purchased from out of state) or “outflow” (goods sold or services provided out of state) of less than $50,000 are exempt. Some specific categories of businesses (such as nursing homes, private schools, day care centers, office buildings, libraries and museums) have different annual gross revenue requirements for NLRB exemption. A labor and employment attorney can help clarify your status if you are unsure whether your business is exempt.
Where to get the new poster:
You can purchase the poster from a commercial supplier, request free copies from any NLRB regional office, or simply download it from the NLRB’s website and print it yourself. Since the poster must be at least 11-by-17 inches in size, you can download either an 11-by-17 version or a two-page, 8.5-by-11 version and tape the two pages together. Click here to download either version: https://www.nlrb.gov/poster
If more than 20{45ef85514356201a9665f05d22c09675e96dde607afc20c57d108fe109b047b6} of the organization’s employees are not proficient in English and speak another language, the employer must post both the English language poster and a version in that other language (obtainable on request from an NLRB regional office).
Where to display the new poster:
The poster should be hung in a “conspicuous” place in each business premises, such as where other company notices and workplace rights information are customarily posted. If the workplace typically puts such notices and rules on an internet or intranet site, the poster should be added to that electronic site (as well as physically hung in a conspicuous place). If employees work at sites away from the main business premises, the poster should be hung in those locations as well.
Contact SYK attorneys Steve Seymour orTim Resch with any questions about the new NLRA poster, as well as any general labor, employment, or human resources questions.
