New Federal Labor Poster Delayed Again

The National Labor Relations Board (NLRB) has again postponed the effective date of its requirement that employers post a notice to employees about their rights under the National Labor Relations Act (NLRA). The NLRA covers most non-governmental employers in the United States, including non-profits and non-union businesses.

The final rule was posted in the Federal Register on August 30, and was set to take effect 75 days later, on November 14, 2011. The effective date was later changed to January 31, 2012. The new implementation date is now April 30, 2012.

The 11-by-17-inch poster tells employees that they 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 do any of these activities. It provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints. The poster is available at no cost from the NLRB through its website,, which has additional information on posting requirements.

Similar postings are already required under the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Occupational Safety and Health Act, the Americans with Disabilities Act, and the Family and Medical Leave Act, among other federal laws. When the posting requirement goes into effect in April 2012, employers should add the NLRB poster to others already displayed in a place that is accessible to all employees.

If you have questions about the posters or any aspect of your company’s employment practices, please contact Laura A. Balson or Margaret A. Gisch.