Does my company have to post the Notice?
The posting requirement applies to all private-sector employers within the NLRB’s jurisdiction. This includes most private-sector employers, but excludes agricultural, railroad and airline employers, as well as very small employers that conduct an insufficient volume of business to have more than a slight effect on interstate commerce.
Where should the Notice be posted?
Employers are required to post the Notice in a place where it can be seen readily by employees, such as a place where other required employment law-related notices are posted. Reasonable steps should be taken to ensure the Notice is not altered, defaced, or covered by any other material, or otherwise rendered unreadable.
In addition to the physical posting, the rule requires every covered employer to post the Notice on an internet or intranet site if personnel rules and policies are customarily posted there. The electronic posting requirement will be met if the employer displays no less prominently than any other notices to employees either (i) an exact copy of the poster, downloaded from the NLRB website, or (ii) a link, reading “Employee Rights under the National Labor Relations Act,” to the place on the NLRB’s website that contains the poster.
What if my employees work at my customers’ premises where I have no control over physical postings?
Employers are required to post a Notice only on their own premises or at worksites where they have the ability to post a Notice directed to their own employees.
What if my employees are not unionized?
Employers with or without union workforces are required to post the Notice.
Am I required to post the Notice in a language other than English?
The notice must be posted in English and in another language if at least 20% of employees are not proficient in English and speak the other language. The NLRB will provide translations of the Notice, and of the required link to the NLRB’s website, in the appropriate languages. If a translation of the appropriate language is not available, the employer will not be liable for non-compliance.
If a workforce includes two or more groups, each constituting at least 20% of the workforce, who speak different languages, the employer must post the Notice in the language spoken by the larger group, and then may either post the Notice in the language(s) spoken by the other group(s) or, at the employer’s option, distribute copies of the Notice to those employees in their language(s). If such an employer is also required to post the Notice electronically, it must do so in each of those languages.
What are the consequences of non-compliance?
In most cases, the NLRB expects that employers who fail to post the Notice were unaware of the rule and will comply when requested by an NLRB agent. In such cases, the resulting unfair labor practice case typically will be closed without further action. The NLRB also may extend the 6-month statute of limitations for filing a charge involving other unfair labor practice allegations against the employer. If an employer knowingly and willfully fails to post the Notice, that failure may be considered evidence of unlawful motive in an unfair labor practice case involving other alleged violations of the NLRA.