Wednesday, December 28, 2011

NLRB Posting Requirement now April 30, 2012

December 23, 2011
Contact:
Office of Public Affairs
202-273-1991
publicinfo@nlrb.gov
www.nlrb.gov

The National Labor Relations Board has agreed to postpone the effective date of its employee rights notice-posting rule at the request of the federal court in Washington, DC hearing a legal challenge regarding the rule. The Board’s ruling states that it has determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule. The new implementation date is April 30, 2012.

Most private sector employers will be required to post the 11-by-17-inch notice on the new implementation date of April 30. The notice is available on the (#LP9FED) 2012 Federal Labor Law Poster - Laminated, provided by National Safety Compliance.

Wednesday, December 21, 2011

NLRB Posting Requirement update

Judge Amy Berman Jackson on December 19th heard oral arguments in the challenge to the NLRB "Employee Rights" Posting Rule pending in U.S. District Court - a motion filed by the National Association of Manufacturers. The Rule requires employers to post a notice in the workplace that informs employees of their right to organize, provides contact information for the NLRB, and lists a litany of unlawful employer conduct. It is impossible to predict the outcome of litigation based upon this judge’s reaction and questioning during oral argument; however, it is clear that Judge Jackson believes the case is a complicated one. She asked the Board to postpone the effective date of the Rule beyond January 31, 2012, as currently scheduled, because she needs more time to deal with the issues.

Argument in a similar action pending in the U.S. District Court in South Carolina will not take place until January 11, 2012.

Tuesday, December 20, 2011

2012 Labor Law Posters

As we continue to approach Christmas, National Safety Compliance has released many additional posters for 2012 compliance. The following state posters were released for 2012 with no changes made from 2011:

Delaware
Idaho
Maryland
Utah
Wyoming
New Mexico
Georgia
South Carolina
West Virginia
Alaska

In addition to this list of states released with no changes we had the following state labor law posters released with some changes:

New Hampshire was released with Minor changes made to the Minimum Wage posting. Changes include expanded definitions for "restaurant" and "tipped employees". Also there is a statement at the top of the posting that says NH will follow the federal minimum wage. This did not change NH minimum wage. NH did have legislation passed this year that changed some minimum wage laws, but the language in the minimum wage posting was not affected by these new laws; therefore, the minimum wage posting changes are minor.

Arizona was released with a Major change to the Minimum Wage posting. The Minimum Wage has been increased which mandates an updated poster to be posted. Also, the Safety & Health posting has been updated with current contact information for ADOSH and the US Department of Labor office in Phoenix, AZ.

Montana was released with a Major change to the Minimum Wage posting. The Minimum Wage has been increased which mandates an updated poster to be posted. The new minimum wage of $7.65 per hour is effective January 1, 2012 and has replaced the $7.35 per hour minimum wage of 2011.

These 2012 Labor Law Posters are now shipping along with the 2012 Federal Labor Law Poster that includes the Employee Rights Posting required by the National Labor Relations Board (NLRB).

Friday, December 16, 2011

More states released for 2012!

National Safety Compliance has now released the following 2012 State Labor Law Posters - Laminated: Missouri, Massachusetts, Illinois, New York, Connecticut, Vermont & Maine.

Missouri was released with 3 different updated postings all with the same update. The MO Division of Employment Security has changed their logo, and it has now been placed in the following required posters: Unemployment Insurance, Workers' Compensation, & Youth Employment List.

Massachusetts was released with no changes from the 2011 poster.

Illinois was released with Minor changes to the Workers' Compensation posting.

New York was released with Minor changes to the Fringe Benefits posting. New York also updated their supplemental posting, with Minor changes, required by construction employers.

Connecticut was released with a Major change. The Connecticut Department of Labor has released a new required posting (Effective January 1, 2012) - Paid Sick Leave. You must make sure you are in compliance with state laws regarding these mandated posters. In addition to this Major change, they also released a couple postings with Minor changes: Sexual Harassment posting and the Discrimination posting.

Vermont was released with a Major change. The Minimum Wage has increased from $8.15 per hour in 2011 to $8.46 per hour effective January 1, 2012.

Maine was released with Minor changes to several postings: Sexual Harassment posting, Minimum Wage posting and the Child Labor posting.

These 2012 Posters are now shipping along with the 2012 Federal Labor Law Poster that includes the Employee Rights Posting required by the National Labor Relations Board (NLRB).

Wednesday, December 14, 2011

Texas, Virginia, Rhode Island & Kansas State Labor Law Posters

National Safety Compliance (NSC) has now released Texas, Virginia, Rhode Island & Kansas Labor Law Posters for 2012.

Texas has been released with no changes from the 2011 version of the poster. The 2012 Texas Labor Law Poster includes the following required postings: Workers' Compensation, Child Labor Law, Equal Opportunity Notice, Payday Notice, Emergency Numbers, & Ombudsman Program (Subscribers Only).

Virginia has also been released with no changes from the 2011 version of the poster. The 2012 Virginia Labor Law Poster includes the following required postings: Unemployment Insurance Notice, Workers' Compensation Notice, Job Safety & Health Protection, Federal Earned Income Credit, Virginia Earned Income Credit, & Emergency Numbers posting.

Rhode Island has been released with no Major Changes from the 2011 version of the poster. The RI Department of Labor and Training has updated the phone numbers for contacting a netWORKri center. The 2012 Rhode Island Labor Law Poster includes this updated information along with the following required postings: Parental & Family Medical Leave Act, Right To Know Law (Hazardous Substances), Prevailing Wage for Working on State or Municipal Financed Construction Projects, Minimum Wage, Unemployment Insurance & Temporary Disability Insurance Law, Workers' Compensation Act, Discrimination is Illegal Notice, Sexual Harassment Posting, It is Illegal to Smoke in this Establishment Notice, & Emergency Numbers.

Kansas has been released with no Major Changes from the 2011 version of the poster. The KS Department of Labor has updated the web site on the Unemployment Insurance Notice. The 2012 Kansas Labor Law Poster includes the following required postings: Unemployment Insurance Notice, Equal Opportunity in Employment, Equal Opportunity in Public Accommodations, Workers' Compensation, & Emergency Numbers.

These 2012 Posters are now shipping along with the 2012 Federal Labor Law Poster that includes the Employee Rights Posting required by the National Labor Relations Board (NLRB).

Tuesday, December 6, 2011

California Major Changes to Required Postings

In response to new legislation, the California Department of Fair Employment and Housing has updated 3 required postings: The "Discrimination and Harassment in Employment Are Prohibited by Law" posting, Notice "A" Pregnancy Disability Leave posting, and Notice "B" Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave posting. In order to remain in compliance with California required employee postings regulations, it is necessary that employers update their postings. National Safety Compliance has incorporated these major changes into our California posters, Notice "A" #LP9CAA for Employers with less than 50 employees and Notice "B" #LP9CAB for Employers with 50 or more employees.

The California poster, "Operating Rules For Industrial Trucks," has also been updated to include the additional Part 33 to General Industrial Safety Order 3650 Industrial Trucks. Employers of businesses using Industrial Trucks (Forklifts) are required to display this poster.

To order your updated California poster(s), visit California 2012 Labor Law Posters web site or call Customer Service at 1-877-922-7233

The Florida poster is also shipping and includes the new Florida Minimum Wage posting with the new rate of $7.67 per hour effective January 1, 2012.

To order your updated Florida poster(s), visit Florida 2012 Labor Law Posters web site or call Customer Service at 1-877-922-7233

Thursday, December 1, 2011

2012 State Labor Law Posters to be Released

Starting December 1st, National Safety Compliance will start releasing 2012 State Labor Law Posters. Ordered with the Federal Labor Law Poster, this set of 2 posters will ensure your workplace is in compliance with your state required postings, and of course the federal required postings. NSC just sent an email to announce the states that currently have Major Changes to their required postings effective in January 2012. Any change that is significant enough to mandate an employer to update their posting to ensure compliance with state required postings is classified as a "Major Change."

The following states have required changes since the beginning of this year:
  • Arizona
  • Colorado
  • Connecticut
  • Florida
  • Kansas
  • Louisiana
  • Montana
  • New Jersey
  • Ohio
  • Oregon
  • Vermont
  • Washington
Starting December 1st, NSC attempts to release 2-3 State Labor Law Posters per day, to ensure the release of all 2012 Labor Law Poster orders can be delivered to anywhere in the country by January 1, 2012 (the effective date). Check this blog to stay up-to-date on what posters are released.