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NLRB Issues Final Rule on Informing Employees of Their Rights Under the NLRA

By Gavin Appleby and Tracy Stott Pyles

On Nov. 14, 2011, the final rule issued by the National Labor Relations Board (NLRB or “the Board”), entitled Notification of Employee Rights under the National Labor Relations Act, was scheduled to become effective. Due to resistance and apparent confusion surrounding its new employee rights notice-posting rule, the National Labor Relations Board (NLRB) pushed back the rule's effective date by more than two months. Employers affected by the rule must now post the notice by Jan. 31, 2012.

The rule mandates that private-sector employers subject to the National Labor Relations Act (NLRA) post a notice informing employees of their rights under the NLRA in a “conspicuous place” readily seen by employees, and penalizes employers for non-compliance. This new obligation applies to virtually all private-sector employers, regardless of whether or not their workforces are unionized and regardless of whether they are federal contractors.

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