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NLRB issues final rule on employee rights notice posting

Proposed rules had been pending since December 2010

After an eight-month pending period, the National Labor Relations Board (NLRB) yesterday announced its final rule on Notification of Employee Rights under the National Labor Relations Act (NLRA). 

The final rule, which takes effect on Nov. 14, was issued by a 3-1 vote and is largely similar to the proposed rule. It requires employees that are subject to the NLRA to post and maintain employee rights notices in prominent places at all times. The labor board also is allowing employers to post their own notices about employees’ rights to refrain from union activity, so long as the notices are noncoercive.

One major change from the proposed rule is that employers aren’t required to distribute employee rights notices via email or any other electronic communications forms they frequently use with employees. Additionally, employers must post the notices in other languages if 20 percent or more of their workforce isn’t proficient in English. The NLRB will provide translations of the notice to employers.

Visit Ogletree Deakins’ website for more details about the NLRB’s final rule on employee rights notice posting.

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