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New Poster Requirement for Employers

 

The National Labor Relations Board issued a new posting requirement that applies to all employers subject to the National Labor Relations Act, whether unionized or not.   Under the ruling, employers are required to post, by January 31, 2012, a new notice that gives information to employees about their rights under the National Relations Act, the original effective date of November 14, 2011 was extended.  The notice must be posted in a conspicuous location where other labor and employment law posters are displaced, and must meet specific requirement as to content and size.  The NLRB provides a template notice on its website and is available for download, free of charge.  Although a number of organizations are challenging the rule, at the point such challenges have only postponed but not have eliminated the poster requirement.   Until such time all affected employers should comply no later than January 31 of 2012.

 

 

 

 

 

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Relevant 2011 Laws

 

·         Reminder: Workers’ Comp Notice Requirements

Notice requirements were amended in 2010 to require additional information about Managed Professional Networks (MPNs).  Employers with MPNs that provide treatment for workers’ compensation claims must display the required workers’ compensation poster the employer uses.  The workers’ comp pamphlet must also include info about MPNs.

·         Michelle Maykin Memorial Donation Protection Act (Organ and Bone Marrow Donor Leave)

Requires private employers with 15 or more employees to allow employees to take a leave of absence with pay for up to 30 days or a leave for up to 5 days for the purpose of organ and bone marrow donation.  Under the law, employers are prohibited from interfering with or retaliating against employees who take organ or bone marrow donation leave.  Employees returning from organ or bone marrow donation leave must be returned to the same or equivalent position they held when leave began.

·         Wage Claim Appeal – Bond Requirement Assembly Bill 2772

An employer filing an unpaid wage claim appeal must post a bond with the court in the amount of the judgment rendered in the administrative hearing.  Employers must also provide written notification to the other parties and the Labor Commissioner of the bond posting.

·         Investigating Serious Safety Violations Assembly Bill 2774

Establishes a rebuttable presumption as to when an employer commits a serious violation of Cal-OSHA provisions, and defines the term “serious physical harm.”  Also establishes new procedures and standards for an investigation and the determination by the Division of Occupational Safety and Health of a serious violation by an employer that causes harm or exposes an employee to the risk of harm.

·         Exemptions to Meal Breaks Assembly Bill 569

Exempts construction workers, commercial drivers, certain security officers, and employees of electrical and gas corporations or local publicly owned electric utilities from California’s meal break requirements if those employees are covered by a valid collective bargaining agreement containing specified terms, including meal period provisions.

 ·         Providing Access for Persons with Disabilities

Department of Justice announced final regulations revising the agency’s ADA regulations.  The revisions include changes to the ADA Standards for Accessible Design, issues related to wheelchairs and mobility devices, service animals and sales of accessible seating tickets.

·         San Francisco Ordinance – Minimum Wage

San Francisco 2011 city minimum wage will increase to $9.92 per hour, effective January 1, 2011.

·         Heat Illness Regulations Revised

Revised heat illness standard went into effect November 4, 2010.  In addition to revisions related to shade and other safety precautions, the new standard includes changes to training requirements for both supervisory and nonsupervisory employees.  Such training is now required to be given before employees begin work that “should reasonably be anticipated to result in exposure to the risk of heat illness.”

·         Genetic Information Nondiscrimination Act

U.S. Equal Employment Opportunity Commission (EEOC) issued final regulations that implement the employment regulations of the Genetic Information Nondiscrimination Act of 2008 (GINA).  GINA applies to private employers with 15 or more employees and generally prohibits employers from requesting an applicant’s or employee’s genetic information, even if the employer never uses that information.