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NLRB Postpones Posting Notice Rule to April 30, 2012

The National Labor Relations Board (“NLRB”) officially announced that its implementation deadline for the new notice-posting rule has been postponed from January 31, 2012 to April 30, 2012. The NLRB issued a press release stating that it agreed to postpone the implementation of the rule per the request of a Washington D.C. federal court before which a legal challenge regarding the rule is pending. In a notice posted on its website, the NLRB announced:

[I]t has determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule. The new implementation date is April 30, 2012.

(www.nlrb.gov/news/nlrb-postpones-effective-date-rights-posting-rule-april-30)

The new rule requires most private sector employers to post a notice advising employees of their rights under the National Labor Relations Act. This notice must be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted. The employer must take reasonable steps to ensure that the poster is not altered, defaced, covered, or otherwise rendered unreadable. Additionally, if the employer posts personnel policies or notices on an internal or external website, a link to the notice should also be posted on that website.

The NLRB requires that the poster be 11 x 17 inches. It may be in color or black and white. The notice must be posted in English. If at least twenty percent (20%) of employees are not proficient in English, the notice must also be posted in another language. The NLRB provides translated copies of the posters into many commonly used languages. If the NLRB does not provide a translation of the notice into a particular language, the employer will not be held liable for failing to translate the poster into that language. All posters are available for download at the NLRB website: www.nlrb.gov/poster.


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