NLRB Postpones Posting of Notice of Employee Rights

The National Labor Relations Board has postponed the implementation date for its new notice-posting rule by more than two months in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.

The new effective date of the rule is January 31, 2012.

Challenges to NLRA Employee Rights Posting

Several organizations allege the NLRB (National Labor Relations Board) exceeded its statutory authority by requiring, beginning on November 14, 2011, most private sector employers to post a notice advising employees of their rights under the National Labor Relations Act. The following organizations have filed suit in various federal courts against the NLRB to prevent the posting:

• National Association of Manufacturers


• National Federation of Independent Businesses


• National Right to Work Legal Defense and Education Foundation


• U.S. Chamber of Commerce


• South Carolina Chamber of Commerce

In addition, Representative Benjamin E. Quayle (Arizona) introduced the Employee Workplace Freedom Act (H.R. 2833) to repeal the notice-posting rule. The bill has been referred to the House Committee on Education and the Workforce.

Ohio Minimum Wage Increase for 1/1/12

Ohio's minimum wage rate will increase to $7.70 an hour from $7.40 an hour on Jan. 1, 2012. The minimum wage rate for tipped employees will rise to $3.85 an hour from $3.70 an hour. The threshold for employers covered by Ohio's minimum wage also will increase Jan. 1, and will include employers that have gross receipts of more than $283,000 a year, up from the current threshold of $271,000 a year. Employers with less than the threshold of gross receipts must pay the federal minimum wage of $7.25 an hour.

NLRA Employee Rights Posting

Effective November 14, 2011 Employers are required to post notice of employee rights under the National Labor Relations Act (NLRA). This far reaching notice covers most private-sector employers including labor unions. Agricultural, railroad and airline employers are excluded from the requirement. Small employers that conduct less than $50,000 worth of business across state lines are also excluded.

A workplace poster that describes employee rights under the National Labor Relations Act is now available for free download from the NLRB (National Labor Relations Board) website at www.nlrb.gov/poster. In addition, copies of the Notice will soon be available without charge from any NLRB regional office.

A few frequently asked questions about the notice are included below.

Q&A
ANSWERS TO COMONLY ASKED QUESTIONS ABOUT THE NLRB NOTICE POSTING

QUESTION: Where do I have to post the notice?
ANSWER: The notice should be posted in conspicuous places, where other workplace rights notices and company notices concerning personnel rules or policies are customarily posted. Employers must also post the notice in another language in addition to English if at least 20% of their employees are not proficient in English and speak another language. The NLRB will provide translations of the notice, and of the required link to the Board’s website, in the appropriate languages. If a translation of the appropriate language is not available, the employer will not be liable for non-compliance.
QUESTION: What if I communicate with my employees electronically?
ANSWER: If an internet or intranet site is typically used to post personnel policies, the notice of NLRA rights may be placed there along with a physical posting. Employers are not required to distribute the posting by email, Twitter or other electronic means.

QUESTION: Are there any records retention requirements to comply with this rule?
ANSWER: No, the rule has no record-keeping or reporting requirements.

QUESTION: What happens if we don’t post this?
ANSWER: Although the NLRB does not audit workplaces or initiate enforcement actions on its own, employees, unions, or other persons could accuse the employer of unfair labor charges and bring this to the NLRB’s attention. In most cases, the employer will be made aware of the rule and given time to comply when requested by a NLRB agent. In such cases, the unfair labor practice case will typically be closed without further action. The Board also may extend the 6-month statute of limitations for filing a charge involving other unfair labor practice allegations against the employer. If an employer knowingly and willfully fails to post the notice, that failure may be considered evidence of unlawful motive in an unfair labor practice case involving other alleged violations of the NLRA.

QUESTION: Can an employer be fined for failing to post the Notice?
ANSWER: No, the NLRB does not have the authority to levy fines.

VETS 100/100A Filing Deadline Re-Extended

Due to continuing technical problems, the filing deadline for the 2011 VETS-100 and VETS-100A Report has been extended for a second time, according to an updated announcement on the Department of Labor's Veterans' Employment and Training Service (VETS) website; the deadline is now December 30, 2011, with reporting beginning November 1.