• essentially all private businesses (there are a few exceptions, based upon annual revenue) are required to post the new notice; this portion was upheld.
• some of the sanctions against employers were voided. The sanction providing that an employer’s failure to post the notice extends or “tolls” the NLRA’s six-month statute of limitations for filing an unfair labor practice charge, as well as the sanction defining any failure to post the notice as a per se unfair labor practice, were invalidated. The court’s reasoning was that these sanctions were an impermissible expansion of the NLRA’s scope.

• print out the Notice – available on the NLRB’s webite
• post the Notice, as required, by April 30, 2012
• develop and communicate a lawful employee relations policy
• train your managers and supervisors on how to lawfully respond to inquiries from their employees, which our Dallas harassment training will go over
• review existing policies and your Employee Handbook for policies that could result in unfair labor practice charges, such as:
  • harassment policies that are too broad and generic that could be “reasonably interpreted” as improperly prohibiting employees from partaking in union organizing
  • blanket prohibitions against your employees speaking to the media or broad social media policies that prohibit employees from disparaging an employer on such sites
  • confidentiality policies that prohibit employees from discussing their wages with co-workers or outsiders (note that the new NLRB posting expressly advises employees that they have the right to discuss their wages with co-workers and unions)

The NLRB site will also have translations of the Notice available in a number of languages. If 20% or more of your workforce is not proficient in English, then you must post the Notice in that language.