COVID-19 Update: How We Are Serving and Protecting Our Clients

New Workplace Posting Requirements Under Appeal

April 18, 2012

Federal law may soon require employers to hang additional workplace posters for employees

Employers in the State of California may be familiar with Federal and California commercial law regulations requiring that they post various fliers in conspicuous places for the benefit of their employees. These postings typically explain employee rights and responsibilities; wage, leave, and disability information; emergency and workplace injury procedures; and workplace safety information, among other things. A new federal regulation under the National Labor Relations Act, slated to take effect on April 30, 2012, requires that employers who meet certain criteria must hang an additional employee rights notice posting in a similarly conspicuous place. The purpose of the notice is to ensure that employees are properly informed about their rights to engage in collective bargaining. The proposed posting is to be hung wherever the employer posts similar labor-related rights information (often a break room or similar space). Additionally, the employers whom this law affects will be required to post a link to the same posting in a conspicuous place on the employer’s website, if applicable. NOTE: Employers in at least two jurisdictions have filed oppositions to the proposed law. The United States District Court for the District of Columbia upheld the National Labor Relations Board’s authority to enforce this provision of the National Labor Relations Act. The United States District Court for South Carolina held that the enforcement of this provision of the Act was not within the NLRB’s authority. In light of the conflicting judicial opinions, The District of Columbia Circuit Court of Appeals has granted a temporary injunction, which is currently barring the NLRB’s enforcement of the mandate. The NLRB is presently appealing the injunction.

How Do I Know if my Business Will be Subject to the New Law? The law is in a state of flux at the moment. Groups of employers are presently challenging the constitutionality of the workplace posting requirement. Additionally, not all employers are required to comply with the new regulation in its present form, depending on the nature and size of the business. In our area consider consulting a California business attorney to help you evaluate whether your business is among those required to post the new labor relations information.

What Workplace Information Must I Post for my Employees?

The California Department of Industrial Relations maintains a resource page in an effort to inform business owners of their employee rights posting obligations. The types of postings you are obligated to maintain for your employees is dependent on the nature and size of the business you operate. Many postings are required of all employers, while others are tied to the number of employees employed by your business or the degree to which your employees engage in certain activities or expose themselves to certain substances or conditions.

Additionally, there are a number of federal posting requirements like the proposed collective bargaining rights provision above. The United States Department of Labor maintains a similar resource page to inform qualified employers about their employee rights posting obligations.

The Federal and State posting requirements – as we are presently seeing – are constantly changing. With the aid of a Sacramento business lawyer, you can examine whether your California business is complying with federal and California business laws.

Client Reviews
Kristina Reed handled the legal work of creating a corporation for my photography business in the state of California. She was extremely professional to work with and very prompt in her response times. She explained everything in language I could understand and helped me navigate the process smoothly from start to finish. I was very happy with her services and will definitely return to her for any future needs! Amy W.
As the co-owner of a small business, the process of selling assets was overwhelming. It was great to have [Kristina Reed's] advice throughout every step of a very demanding and hectic process. We were very pleased with [Kristina Reed's] class, focus and approachability. [Kristina Reed] always acted as a valued associate to the company and became a reliable advisor. Furthermore, we thank [Kristina Reed] for [her] calm encouragement when it was most needed would recommend [her] expertise unequivocally. Todd S.
I reached out to Kristina to assist with drafting some contractual real estate paperwork, and was not disappointed. She provided a prompt response and was very helpful in accommodating my request. Her expertise ensured a thorough conclusion. I would gladly recommend Kristina to other individuals needing real estate expertise. Stephen R.
I'm extremely impressed with my experience with Kristina Reed. I used her services to negotiate a commercial lease in Folsom. Our agent had actually recommended a few attorneys to us but we didn't feel comfortable with any of them. I was very impressed with Kristina on our first conversation. The landlord group was one of the hardest you can find to deal with. There were lots of going back and forth but Kristina's knowledge and experience made my life very easy. She was always quick to get back to us whenever we have questions. She pointed out issues on my lease that my previous lawyer totally missed. I recommend Kristina's services to everyone I know. My friend just used Kristina's services for his lease negotiation in Davis and he was very impressed as well. Devin B.