Starting November 14, 2011, most private sector employers will be required to add an additional notice poster on their breakroom wall. The new poster informs employees about their right to form or join a labor union. Employers can download the poster for free at the NLRB website.
Certain small businesses will be exempt from this requirement since the NLRB chooses not to exercise jurisdiction over companies that have minimal impact on interstate commerce. As a general rule, retailers and home builders that sell less than $500,000 a year will be exempt. Nonretail businesses that provide no more than $50,000 in goods or services to out of state customers – or who buy no more than $50,000 from out of state suppliers – are exempt. But when considering whether something was bought or sold “out of state,” the NLRB looks at is first origin or its ultimate destination. Thus, unless the good or service originates in, and never leaves, the same state as the company, it is part of interstate commerce. Practically speaking, this means most small businesses still fall under the NLRB’s jurisdiction and need to post the new notice.