Employer Compliance Alert!

NLRB postpones deadline for displaying new union-rights poster Employers now must post by Jan. 31, 2012

The National Labor Relations Board (NLRB) has postponed until Jan. 31, 2012, the implementation date for a new poster describing employee rights to join a union. The NLRB had originally required employers to display the poster in their workplaces by Nov. 14, 2011.

In a statement, the NLRB said the two-and-a-half-month delay was a response to "queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board’s jurisdiction." An NLRB representative told the Wall Street Journal that "many private-sector employers mistakenly think they are excluded "because they don't have a unionized work force."

The new rule applies to all private sector employers except railroad and airline employers (who are covered by the Railway Labor Act and not subject to NLRB jurisdiction) and those involved in agriculture. Small employers that don’t meet the annual volume of business thresholds required for NLRB jurisdiction also are not covered. The threshold for retail employers is a gross annual volume of business of $500,000 or more. For non-retail employers, the NLRB generally has jurisdiction if the employer’s annual inflow or outflow to other states is at least $50,000.

If you have a question as to whether you are required to post, e-mail or contact Tom (gth@harpergerlach.com) or Gregg (2g@harpergerlach.com).