Question of the Month

Each month our Senior Generalists answer questions, on a broad range of topics, from our Employer's HR HelpLine clients. At the end of the month, we review our client questions and pick one to share. Each question has been thoroughly researched and verified. To protect our clients' privacy, company names and identities will not be divulged in any of our questions.

September, 2011 Question:

Answer:

On August 25, 2011, the National Labor Relations Board issued a final ruling requiring employers covered by the NLRA to post notices informing employees of their rights under the Act, including their right to unionize. Prior to this ruling, only employers who contract with the federal government were required to display the poster.

Most employees in the private sector are covered by the NLRA. However, the Act specifically excludes individuals who are:

• employed by Federal, state, or local government
• employed as agricultural laborers
• employed in the domestic service of any person or family in a home
• employed by a parent or spouse
• employed as an independent contractor
• employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
• employed by an employer subject to the Railway Labor Act, such as railroads and airlines
• employed by any other person who is not an employer as defined in the NLRA

Beginning January 12, 2012, all employers covered by the NLRA must physically post an 11” x 17” poster in a conspicuous place and take reasonable steps to ensure that the notice is not altered, defaced, or covered.

A free copy of the new poster can be obtained by clicking here.

For more information about the National Labor Relations Act, click here to be redirected to the National Labor Relations Board website.