Mandatory FMLA Poster Update Issued!

The U.S. Department of Labor (DOL) recently issued a final rule implementing new regulations regarding FMLA protections. These new rules require that employers covered under the FMLA post an updated FMLA posting.

“The first expansion provides families of eligible veterans with the same job-protected FMLA leave currently available to families of military service members and it also enables more military families to take leave for activities that arise when a service member is deployed,” according to the DOL. “The second expansion modifies existing rules so that airline personnel and flight crews are better able to make use of the FMLA’s protections.”

The regulations were revised to implement statutory amendments to the FMLA that occurred under the National Defense Authorization Act for Fiscal Year 2010 and the Airline Flight Crew Technical Corrections Act. They take effect March 8, 2013.

Our new poster sets are in production. You can order new sets on our web site or call (800) 824-6885. Or better yet, join hundreds of Hoosier businesses by signing up for our poster subscription service. With this service, we'll just send you new poster sets when MANDATORY changes are made. This gives you peace of mind of not having to track updates to keep your company in compliance. The service itself costs nothing extra; you just pay for the posters as you normally would. (Poster sets are $45 each and Indiana Chamber members receive 25% off.)

** The FMLA poster is required for all covered employers, which means those with 50 or more employees. Public agencies and public and private elementary and secondary schools are also covered regardless of the number of employees.

NLRB Developments This Week

Here are a couple key developments from the NLRB within the last week. If you’re a business owner, prepare to be annoyed:

Mandatory Posting Requirement
The National Labor Relations Board decided Friday to delay the required posting date of its new NLRB posting yet again — this time until April 30, 2012 (it was previously January 31, 2012). The NLRB’s web site reports:

  • 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.

Rules Regarding Union Elections
Baker & Daniels reports: 

The National Labor Relations Board (Board) has formally adopted a final rule that will expedite the pre-election process and limit the post-election process in union representation cases. The rule will be published in the Federal Register on December 22, 2011, and is due to take effect on April 20, 2012.

As we previously informed you, the Board enacted this rule, which will significantly impede an employer’s right to communicate with its employees and petition the government for redress, while faced with the prospect of losing its quorum at the end of 2011. The rule focuses primarily on union representation cases in which parties cannot agree on issues such as whether the employees the union seeks to represent are an appropriate voting group. It significantly changes existing procedures in these types of cases by limiting the issues to be determined in the pre-election process and precluding pre-election review of regional office decisions in most cases. This rule will likely mean that elections are held in a much shorter timeframe.

It is expected that a variety of pro-business advocacy groups will pursue litigation in an attempt to overturn the new rules.

Unions will most likely be emboldened by the Board’s action, and it may spark an increase in union organizing. To remain union free, it is increasingly important for employers to focus on positive-employee relations and supervisory training.

New NLRB Poster Requirement: Place Your Pre-orders Now

We want to let you know that on August 25, the National Labor Relations Board approved a new mandatory posting for private employers regarding the National Labor Relations Act.

You can pre-order new poster sets on our web site or call (800) 824-6885. Or better yet, join hundreds of Hoosier businesses by signing up for our poster subscription service. With this service, we’ll just send you new poster sets when MANDATORY changes are made. This gives you peace of mind of not having to track updates to keep your company in compliance. The service itself costs nothing extra; you just pay for the posters as you normally would. (Poster sets are $45 each and Indiana Chamber members receive 25% off.)

The new poster has not yet been released by the NLRB, but expect your new poster set(s) about two weeks after it is. (The new NLRB notice must be posted by November 14.)

NOTE: As this is an additional notice, our sets will likely once again include three sheets instead of two. This will not impact the cost on your end, however.

New Posting Proposed, Would Be Mandatory

Though still in the comment period, it appears there could be a new mandatory federal posting looming. As always, you can trust the Indiana Chamber to keep you informed and to release new sets if this new posting is adopted. HRWatchdog posts:

The National Labor Relations Board (NLRB) proposed the new posting requirement in a Notice of Proposed Rulemaking submitted for publication in the December 22, 2010, Federal Register.

The new posting requirement would cover all employers subject to the National Labor Relations Act (NLRA), and would require posting of employees’ right to unionize under the NLRA. This posting would be mandatory in most all workplaces, regardless of whether union employees are present in the workplace. The posting requirement is similar to one that is now required for government contractors.

Employers may comment on the proposed rule during a 60-day comment period.

The new posting, as proposed, would include information on employees’ right to:

Organize a union;

  • Discuss terms and conditions of employment;
  • Take action to improve working conditions; and
  • Strike and picket. 

The posting would also have to include conduct prohibited by the NLRA, such as:

  • Prohibiting employees from soliciting for a union during non-work time;
  • Firing, demoting or transferring employees because of their support for a union; and
  • Threatening to close the workplace if employees unionize.

Finally, the new posting, as proposed, would require information on activities that the NLRA prohibits unions from undertaking:

  • Threatening loss of job unless the union is supported;
  • Refusing to process a grievance because of union criticism by an employee; and
  • Taking adverse action against an employee based on whether or not the employee has joined or supported a union.

Be sure to sign up for our poster subscription service so you never have to worry about tracking poster updates again. The service is free; you just pay for the posters.

Mandatory Poster Updates Coming! Make Sure You’re in Compliance

On May 21, 2008, the Genetic Information Nondiscrimination Act (GINA) was signed into law by President George W. Bush. On November 21, 2009, employers must begin to comply with the law and it was recently announced that a new Equal Employment Opportunity Commission posting would be required.

Here are the changes that will be made when our new poster sets are released in November:

  • EEOC poster reflects GINA information (required)
  • Updated Indiana Teen Work Hours posting
  • Updated federal and state minimum wage postings

Poster sets are $45 each, and Indiana Chamber members receive a 25% discount.

To place your pre-order, call us at (800) 824-6885; visit our web site; or e-mail publications@indianachamber.com. Another convenient option many of our customers take advantage of is to join our poster subscription list. That way, when mandatory updates are made, you simply receive the new posters and an invoice without having to call and place an order. Since we’ll only send them when MANDATORY changes are made, you won’t be expending any extra time or money on employment postings, and you have the peace of mind that you’ll always be in compliance.

The Intern Chronicles: Rockin’ Out for Compliance

I got an e-mail Monday afternoon about an event starting the next day that would continue throughout the rest of the week. It was referred to as a “massive poster shipping party.”  These four words didn’t really seem to go together, but I was pleased to be invited nonetheless.

 The e-mail explained that people could help as they were able — purely on a volunteer basis — and that free pizza would be provided to show appreciation. There were also a few more paragraphs, but I didn’t really read much after the "free pizza" part.

 I was in our conference center for most of the next couple days, helping to prepare a shipment of the latest labor law compliance posters (you know, the laminated ones you’ve pretended to be interested in during awkward breakroom encounters). The process involved rolling the posters up and stuffing them into tubes, which were then sealed and slapped with a shipping sticker. Since the work didn’t require a great deal of concentration, the atmosphere was pretty relaxed and we got to watch DVDs on the conference center screens. The women took the helm for media selection, which meant that we rolled and stuffed to the likes of "Footloose" and "Jon Bon Jovi Live."

 Sometimes when you’re blocking out sensory information, you tend to focus on material you’d normally overlook. I became quite familiar with the content of the labor law posters, and if you haven’t updated yours in a while, you may want to do the same. Recent updates to the posters include:

• Military Leave Notice added due to Family Medical Leave Act amendment
• Federal Minimum Wage increase; 2007, 2008 and 2009 wages given
• Child Labor Law phone numbers updated and layout changed
• Indiana Minimum Wage updated on state posters to reflect new federal wage

So as I head into July 4th weekend, I just hope my festivities aren’t interrupted by Bon Jovi tunes running through my brain.

And as for your compliance needs: You might be thinking, “I don’t have to get new posters. It’s My Life.” However, not having updated posters is against the law. You’re Livin’ on a Prayer if you don’t have them displayed, and getting nabbed for it can be a shot through the heart. Bah!