Court Upholds NLRB Rule: Employers Must Post Employee-Rights Notice No Later Than April 30, 2012

March 29, 2012 - In August of last year, the NLRB issued a final rule requiring most private-sector employers – including non-union employers – to post a notice informing employees of their rights under the National Labor Relations Act, including their rights to organize a union; join a union; and discuss their wages, benefits and other terms and conditions of employment with co-workers or a union.  The Notice also identifies certain conduct in which it is illegal for an employer or a union to engage and informs employees of how to enforce their rights. 

 Originally, employers were required to post this notice by November 30, 2011; however, the NLRB twice delayed the posting date – most recently because of a legal challenge by the National Association of Manufacturers.  That challenge has now been resolved, and the United States District Court for the District of Columbia determined earlier this month that the NLRB has the legal authority to require employers to post its employee-rights notice.  Accordingly, as of April 30, 2012, most private-sector employers must post this notice.  Employers who have significant numbers of non-English speaking employees may be required to provide a translated notice. 

 A copy of the required poster (in both English and certain languages other than English) may be obtained from an NLRB office or from the NLRB’s website, http://www.nlrb.gov/poster.