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NLRB rule requires posting of employee rights notices

Washington—Most private-sector employers, including certain dental offices, must display a new employee rights poster as of Nov. 14 under a regulation issued by the National Labor Relations Board.

The NLRB posted the newly required notice for downloading and printing Sept. 14. Private-sector employers within the NLRB’s jurisdiction will be required to display the poster where other workplace notices are posted and on an internal or external website if other personnel policies or workplace notices are posted there.

In a Frequently Asked Questions section, the agency said its jurisdiction extends to hospitals, blood banks and other health care facilities “including doctors’ and dentists’ offices” with a gross annual volume of direct or indirect “inflow” or “outflow” from interstate commerce of $250,000 or more.

For example, a dental practice that receives $250,000 or more from out-of-state patients or buys equipment worth $250,000 or more from an out-of-state vendor (or buys equipment manufactured out-of-state worth $250,000 or more from an in-state of out-of-state vendor) would meet the NLRB “non-retail jurisdictional standard” that applies to health care facilities. The posting requirement applies to all private-sector employers within the National Labor Relations Board’s jurisdiction, according to the FAQ. Dental practices that are unsure whether the rule applies should consult an attorney for a legal analysis of the practice’s interstate commerce activity.

The posters will soon be available without charge from NLRB regional offices, which are listed at https://www.nlrb.gov, the agency said in the Sept. 14 announcement.

The notice states that employees have the right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities.

The U.S. Chamber of Commerce and South Carolina Chamber of Commerce filed a lawsuit in the U.S. District Court of South Carolina challenging the new notification rule. According to a Sept. 20 press release from the U.S. Chamber of Commerce, the lawsuit alleges that the NLRB rule is “an unlawful abuse of the regulatory process” and violates the First Amendment, the National Labor Relations Act, the Administrative Procedure Act and the Regulatory Flexibility Act, the latter “by failing to properly assess the significant economic impact the rule would have on small businesses.”