NLRB Poster Requirement -- Save the Space Til' 2012

Last week I began writing a post about the new NLRB requirement to put up a poster that details employee rights under the National Labor Relations Act (NLRA). Good thing I didn't finish the article.

The NLRB has delayed the posting requirement until January 31, 2012. It seems there is a great deal of confusion on the part of employers about who is covered under this federal employment law.

Some employers think that union representation must be present before an employer is subject to the provisions of the NLRA. The NLRA actually covers most private sector workplaces and protects employee rights for "concerted activity," basically acting as a group, they don't have to be members of a union. When a group of employees gets together and asks for a meeting with a business owner to talk about working conditions this is protected concerted activity -- a union does not have to be present or involved in any way.

The posters to be put up next year describe employee rights under the NLRA, a law that was enacted in 1935 to make it easier for unions to seek to organize employers. The NLRA also contains specific provisions that proscribe improper union behavior. The poster lists these employee rights including those to organize or join a union; be represented by a union; talk with other employees about wages, hours, and working conditions; or take actions to improve working conditions.

The document also reminds employees that they are also protected if they choose not to do these things, including not joining a union.

Many employer groups have opposed the new poster requirement with the argument that it creates an open invitation for employees to form and join unions. It's tough to believe that one 11-by-17 inch notice added to an already crowded bulletin board will spur massive union organizing.

When a small business hires the first employee it is also time to put up required posters that describe individual rights under federal, state, and possibly local employment laws. These range from minimum wage and overtime to employment of individuals with disabilities. A Department of Labor poster navigator makes the task pretty easy. Employers can buy these, too. Even when versions are available for purchase employers may need to post a few extra notices relating to location specific regulations.

Small businesses should stay up to date with federal, state, and if necessary local posting requirements. There is a lot of information on these posters. There are probably some employees who take notes or study this information. Most, however, simply pass them by next to the water cooler, in the kitchen, or near a time clock. It's hard to find any employee today standing around reading a bulletin board and the information is pretty much all available online anyway.

There are penalties for non-compliance, by the way, but they are not huge -- and frequently require posting another notice.

So check the bulletin boards -- twice a year should do -- and wait until January 2012 to put up the new NLRB notice.