News for the Hospitality Executive
Labor and Employment Alert: New Law Requires Employers to
By Scott Brink , JMBM
September 1, 2011
September 1, 2011 — The National Labor Relations Board (“NLRB”) published in the Federal Register this week a Final Rule requiring most private-sector employers -- even if not unionized -- to notify employees of their rights under the National Labor Relations Act ("NLRA") by posting paper and, where applicable, electronic notices identifying those rights.
The Rule, which was highly controversial due to the perception of some employers that it is intended to unfairly foster union organizing, will take effect 75 days from today. Employers covered by the NLRA should begin posting the notice on November 14, 2011. Employers engaged in interstate commerce (which includes employers who buy, sell, or ship more than $50,000 of goods or services out of state) typically fall within the jurisdiction of the NLRA.
In contrast to most other federal and state employment laws, the NLRA does not require notice to employees of their rights under it. The new rule changes this and requires employers to give notice of employee rights, such as:
The 11-by-17-inch notice required by the Rule is similar in content and design to a notice of NLRA rights that must be posted by federal contractors under a Department of Labor rule. Additionally, covered employers with intranets are required to distribute the notice in electronic form if the intranet is used to post personnel policies and procedures. The NLRB will provide an acceptable form of the notice on November 1.
The NLRB published the following “questions and answers” with the new Rule:
Does my company
have to post the notice?
When will the
notice posting be required?
There is no union
in my workplace. Will I still have to post the notice?
I am a federal
contractor. Will I have to post the notice?
I operate a small
business. Will I have to post the Board’s notice?
How will I get
What if I
communicate with employees electronically?
Many of my
employees speak a language other than English. Will I still have to
post the notice?
Will I have to
maintain records or submit reports under the Board’s rule?
How will the
Board enforce the rule?
What will be the
consequences for failing to post the notice?
Can an employer
be fined for failing to post the notice?
Was there a
public comment period? What was the response?
The full text of the Rule can be found here:
For more information on the Rule and its application to your business, contact Scott Brink.
R. Scott Brink is a partner at Jeffer Mangels Butler & Mitchell LLP specializing in labor and employment law.
For more information on the Rule and its application to your business, contact Scott at [email protected] or 310.785.5365.
Jim Butler is a founding partner of JMBM, and Chairman of its Global Hospitality Group® and Chinese Investment Group™. Jim is one of the top hospitality attorneys in the world. GOOGLE "hotel lawyer" and you will see why.
Jim and his team are more than "just" great hotel lawyers. They are also hospitality consultants and business advisors. They are deal makers. They can help find the right operator or capital provider. They know who to call and how to reach them.
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The hotel lawyers in the Global Hospitality Group® of Jeffer Mangels Butler & Mitchell (JMBM) comprise the premier hospitality practice in a full-service law firm and are the authors of the Hotel Law Blog. We represent hotel owners, developers, investors and lenders and have helped our clients find business and legal solutions for more than $60 billion of hotel transactions, involving more than 1,000 properties worldwide. For more information about the Global Hospitality Group®, go to www.HotelLawBlog.com. For more information about full range of legal services provided by JMBM, go to www.JMBM.com.
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