The National Labor Relations Board modified its electronic notice posting requirements for workplaces impacted by COVID-19. Paragon Systems, Inc., 371 NLRB No. 104 (June 2, 2022). The NLRB ruled that when employers that have either shutdown or lost a significant number of workers due to the COVID-19 pandemic violate the National Labor Relations Act (NLRA), they must electronically post the Board notices of such violations within 14 days after service by the regional office if the employers regularly communicate with employees by electronic means. Previously, employers that were found to have violated the NLRA were not required to post notice postings or distribute them electronically until after the facility reopened or the workforce returned, under Danbury Ambulance Service, 369 NLRB No. 68 (2020). The NLRB kept the Danbury schedule for physical posting, but found that, if an employer regularly communicates with employees electronically, it must also electronically post the notice within 14 days of service in order to properly effectuate the purposes of the NLRA under the realities of the current workplace environment. The two Republican Board members dissented, finding that requiring a separate electronic notice posting requirement from the physical requirement effectively makes the notice posting period 120 days, instead of the usual 60 days.

The NLRB issued its spring rulemaking agenda, which focuses on joint-employer status and its Election Protection Rule. The...