In a decision issued on June 2, the National Labor Relations Board modified the timing of its electronic notice-posting requirement in circumstances where an employer has not yet reopened its facility due to COVID-19, or where a substantial complement of employees has not yet returned to work on-site when the employer "may be communicating with its employees by 'electronic means'" (e.g., internet, intranet, email, etc.).
Prior to this decision, the Board temporarily suspended its standard remedial requirement that an employer must post a notice to employees at the involved facility within 14 days after the employer is served with the decision of an unfair labor practice, notifying employees of the employer's violation and advising employees of their rights under the Act. For employers that were closed or where employees were not yet reporting to work, employers were not required to post physical notices or distribute electronic notices until 14 days after the involved facility reopened and "a substantial complement of employees ha[d] returned."
Reasoning that "prompt posting of the notice by electronic means will best effectuate the purposes of the Act by providing employees with timely notice of the unfair labor practices and the steps the Respondent will take to remedy them" the Board has reverted to its previous standard requirement with respect to electronic notification. Now, the employer should again electronically notify its employees "within 14 days after service...
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