LABOR LAW UPDATE

As discussed in a number of our recent Bullard Alerts, the National Labor Relations Board (“NLRB”) issued a final rule in August 2011 requiring employers covered by the National Labor Relations Act (“NLRA”) to post a Notice informing employees of their rights under the NLRA. The posting requirement deadline is January 31, 2012 and the NLRB directs employers to post the Notice in a conspicuous place (specifically, where other notifications of workplace rights are posted).

A given workplace may include employees who speak two or more languages other than English. Thus, one of the frequently asked compliance questions concerns the number of languages in which the Notice must be displayed. The NLRB anticipated this question and provides the following guidance. “The Notice must be posted in English and in another language if at least 20% of employees are not proficient in English and speak the other language.” Moreover, where “a workforce includes two or more groups, each constituting at least 20 percent of the workforce, who speak different languages, the employer must post the Notice in the language spoken by the larger group, and then may either post the Notice in the language(s) spoken by the other group(s) or, at the employer’s option, distribute copies of the Notice to those employees in their language(s).”

The Board’s posting requirement raises many questions regarding compliance and regarding potential strategies for employers to insulate themselves from the negative effects of the postings. Bullard Law has been receiving questions, as have our colleagues in the Worklaw® Network, an international network of more than 350 management-side labor and employment attorneys. As a member of the Worklaw Network, we are pleased to invite you to attend a complimentary webinar, titled New NLRB Posting Requirement, which will be presented on January 12, 2012 (10:30-11:30 AM PST) by Worklaw Network attorneys. Registration information is available online.

We will continue to apprise you of developments related to this rule and other labor, employment and benefits issues.