On December 22, the National Labor Relations Board issues proposed regulations that would require most U.S. businesses to post a notice to employees of their rights under federal labor laws. The proposed rule echoes similar requirements already in place for federal contractors.

Employers would be required to post translated versions of the poster if they have significant numbers of employees who do not speak English. If employers typically electronically distribute notices of legal rights, they must do the same with the labor rights notice.

The NLRB is proposing some unusual sanctions for employers that fail to meet this posting requirement. Failure to post the notice will be considered an unfair labor practice, subjecting the employer to NLRB sanctions, although the Board noted that in most instances, a reminder will be sufficient to address inadvertent non-compliance. More imposing for employers, under the proposed rules, failure to post the notice would toll the six-month statute of limitation for the filing of unfair labor practice charges, creating potential perpetual liability for old claims.

The NLRB is accepting comments on the proposed rule through February 22, 2011. A final rule should be in place later this year.