Robinson Brog Leinwand Greene Genovese & Gluck, P.C. - New York City Business Litigation Attorneys

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Update: Required Posting of Notice of Employee Rights

by Felicia Ennis

As we previously advised you The National Labor Relations Board has been actively asserting its jurisdiction to protect the rights of workers to engage in protected activities. As of April 30, 2012, most private sector employers will be required to post a notice advising employees of their rights under the National Labor Relations Act. This applies to employers whether or not they have union represented employees. The original effective date of this rule was delayed by the NLRB as a result of litigation. The poster, which can be downloaded from the NLRB's website (http://www.nlrb.gov), states that employees have the right to discuss with co-workers the terms and conditions of employment, including wages and benefits, act together to improve working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities. The poster, which is available in several languages, is required to be 11 x 17 inches and must be placed in a conspicuous location, such as an area where other workplace rights and policies are posted. Employers should familiarize themselves with this new posting requirement and take this opportunity to review their postings of all workplace rights required by federal and state law. Employers should also review all rules and policies to insure compliance with these and other employee rights.

**UPDATE**

On Friday, April 13, 2012, a federal district court in Charleston, S.C. struck down a National Labor Relations Board rule that would require employers to post notices informing workers of their right to join a union, a victory for the U.S. Chamber of Commerce and its South Carolina arm. The federal judge ruled that the NLRB lacks congressional authority to issue the rule, which had been scheduled to take effect on April 30.

This decision contradicts with a ruling issued last month by the U.S. district court in Washington, D.C. That court upheld the notice-posting rule but struck down two provisions in it that would have been used to punish companies that don't comply.

As of today, April 17, 2012, the NLRB had no comment on Friday's decision and it is unclear how the NLRB will proceed with the rule, which has been expected to apply to most private-sector companies in the U.S.

IMPORTANT FURTHER UPDATE:
On April 12, 2012, we sent you a reminder that the NLRB's rule requiring the posting of employee rights under the National Labor Relations Action was scheduled to take effect on April 30, 2012. However, in light of conflicting decisions at the district court level, the DC Circuit Court of Appeals has temporarily enjoined the NLRB from implementing this rule. Therefore, regional offices will not implement the rule pending the resolution of litigation. Stay tuned for further updates.

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