The National Labor Relations Board (NLRB) has furtherpostponed the effective date of its employee rights notice-posting rule at the request of the federal court in Washington, DC hearing a legal challenge regarding the rule, in order to facilitate the resolution of the legal challenges that have been filed with respect to the rule. The new implementation date for the rule is April 30, 2012.

As a result of the most recent postponement, most private sector employers will be required to post the 11-by-17-inch notice beginning on April 30, 2012. The notice is available at no cost from the NLRB through its website, either bydownloading and printing or you may also fill out this form or call 202-273-0064 and copies will be mailed free of charge.

Additional Information
For further information about the jurisdiction and posting requirements for the new notice, please see the NLRB’sFrequently Asked Questions, which will be updated regularly as new questions arise. For questions that do not appear on the list, or to arrange for an NLRB presentation on the rule, employers may contact the agency at questions@nlrb.govor             866-667-NLRB      .

Our section on Federal Poster Requirements contains more information on this and other federal notices required to be displayed in the workplace.

The National Labor Relations Board(NLRB) has issued a final rule that will require employers to notify employees of their rights under the National Labor Relations Act by posting a notice as of November 14, 2011. The 11-by-17-inch notice is similar in content and design to a notice of NLRA rights that must be posted by federal contractors under a Department of Labor rule.
Which employers are subject to the new posting requirement?
Private-sector employers whose workplaces fall under the National Labor Relations Act, including both union and non-union workplaces, will be required to post the employee rights notice where other workplace notices are typically posted. Very small employers whose annual volume of business is not large enough to have more than a slight effect on interstate commerce may not be required to comply with the posting requirement, including:

• Certain retail employers with gross annual volume of business under $500,000;
• Certain non-retail employers with direct or indirect annual outflow (goods sold or services provided by the employer out of state) or inflow (goods or services purchased by the employer from out of state) below $50,000; and
• Certain other small employers whose gross annual volume of business meets certain standards as provided in the final rule (see pages 54047-54048).

What information will be included in the notice to employees?
The notice states that employees have the right:

• To act together to improve wages and working conditions;
• To form, join and assist a union;
• To bargain collectively with their employer; and
• To choose not to participate in any of the preceding activities.

The notice also provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints.

How can employers obtain the required notice to be posted in the workplace?
The NLRB will provide copies of the notice on request at no cost to employers beginning on or before Nov. 1, 2011. These can be obtained by contacting a NLRB regional office. Employers can also download the notice from the NLRB website (http://www.nlrb.gov/) and print it out in color or black-and-white on one 11-by-17-inch paper or two 8-by-11-inch papers taped together. Translated versions will be available, and must be posted at workplaces where at least 20% of employees are not proficient in English.

What about electronic communication?
In addition to the physical posting, the final rule requires every covered employer to post the notice on an internet or intranet site if personnel rules and policies are customarily posted there. Employers are not required to distribute the posting by email, Twitter or other electronic means.

Can an employer be fined for failing to post the notice?
The NLRB does not have the authority to impose fines. Failure to post the notice may be treated as an unfair labor practice. The NLRB investigates allegations of unfair labor practices made by employees, unions, employers, or other persons, but does not initiate enforcement action on its own.

Where can I find additional information about this new requirement?
The NLRB has provided a fact sheet with further information about the rule that may be viewed by clicking here. You may also read the final rule in its entirety here. Other federal notices required to be displayed in the workplace are featured in the HR360 Federal Poster Requirements section.

Mondaq Business Briefing- Blank Rome LLP

Although the effort to usher in new and expansive labor and employment legislation is expected to slow in 2011, significant regulatory changes could still be on the horizon. As 2011 begins, Blank Rome LLP’s Employment, Benefits and Labor Practice Group will be keeping a close eye on the following:

Final Regulations for the Americans with Disabilities Act Amendments Act (ADAAA)

In late December of 2010, the United States Equal Employment Opportunity Commission (EEOC) unanimously approved final regulations implementing the ADAAA and forwarded the regulations to the Office of Management and Budget (OMB) for review and approval. OMB’s review could take up to ninety (90) days and there is speculation that the EEOC revised the proposed ADAAA regulations issued in September 2009.

Right to Know Under the Fair Labor Standards Act (FLSA) Proposal

The Right to Know Under the FLSA is a proposed measure to update the recordkeeping regulations under the FLSA. The proposal is intended to foster more openness and disclosure to employees about their status as employees or something else, such as independent contractors. The measure would help to ensure employer compliance with the FLSA and assist with FLSA enforcement. The proposal also seeks to clarify the requirement to prepare “homeworker” handbooks for employees performing homework in certain industries. A notice of the proposed rulemaking is expected in April 2011.

Occupational Safety and Health Administration (OSHA) Proposed Rule on Injury and Illness Prevention Program

OSHA has been working on developing an Injury and Illness Prevention Program Proposed Rule, referred to as “I2P2,” to ensure employer compliance with safety regulations. I2P2 would require employers to develop and implement programs that would minimize employee exposure to health and safety hazards. I2P2 may include the following elements: management duties (including establishing policies and setting goals); employee participation (such as employee access to health information); hazard identification and assessment; hazard prevention and control; education and training; and program evaluation and improvement. A final proposed rule could be expected in 2011.

Department of Labor Revision To Form LM-30 Report

The Department of Labor’s Office of Labor-Management Standards (OLMS) has published a notice of proposed rulemaking to revise the Form LM-30 Labor Organization Officer and Employee Report. This Form lists almost every labor organization officer or employee who has held a legal or equitable interest, received payment, or engaged in transactions with certain employers or businesses. The proposed revisions to the Form address the complexity of the Form, its instructions, and the scope and extent of the LM-30 reporting obligations. The changes for consideration include the coverage of shop stewards under the LMRDA reporting requirement, the requirement to report union-leave/no-docking payments, the requirement to report certain loans, the requirement to report payments from certain trusts and unions, and the scope of reporting for higher level union officials. The OLMS intends to publish a final rule revising the Form LM-30 in July 2011.

Employment Non-Discrimination Act (ENDA)

Although the prospects for a significant labor and employment bill making it through Congress appear slim, a revised version of the ENDA is still a possibility. Originally introduced to prohibit intentional employment discrimination on the basis of actual or perceived sexual orientation or gender identity, the current bill would ban employment discrimination based on an individual’s sexual orientation only. The bill seeks to protect workers from discrimination in hiring, firing, compensation, or other employment decisions, as well as from retaliation for reporting these practices. ENDA could be debated in Congress during the coming year.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.