Restaurant Law Blog

Tuesday, October 4, 2011

New Employee Posting Required Effective November 14, 2011.

Beginning on November 14, 2011, the National Labor Relations Board (NLRB) is mandating that all employers conspicuously post a new 11” x 17” poster advising employees of their rights under the National Labor Relations Act to organize unions.  Employers will be able to download the poster from the NLRB online website, or obtain one at their local NLRB office. 

The goal is to increase employees’ awareness and knowledge of their NLRA rights. This poster must be posted with your other labor law posters, and if 20% or more of your employees do not speak English then you're required to post the poster in those languages which your employees speak.  If your employee rules and regulations are listed on your website, you will also be required to provide a link to this new poster online. 

There are two exceptions to this new regulation.  First, if your restaurant does less than $500,000 in gross annual business, or second, if your employees are not actually employees, but rather independent contractors, you are exempt. 

Assuming that you do not meet either of the above exceptions, your failure to comply with this new NLRB posting regulation, opens you to a potential lawsuit by your employee(s) for unfair labor practices. 

James DiPasquale, Esq

DIPASQUALE LAW GROUP

Restaurant Law New York

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