Employee Rights Under NLRA Poster: What It Means for Employers and Employees
If you’re searching for employee rights under NLRA poster requirements, you’re likely trying to confirm (1) what the notice is supposed to communicate to employees and (2) whether your organization must post it. This guide explains the NLRA poster, the NLRA employee rights it summarizes, and practical compliance steps HR teams and business owners can implement to reduce risk.
What is the NLRA poster?
The National Labor Relations Act (NLRA) is the federal law that protects most private-sector employees’ rights to organize and engage in “concerted activities” regarding workplace terms and conditions. Many employers refer to an “NLRA poster” as a workplace notice that summarizes these protected rights.
Important compliance note about a federal posting mandate
While the NLRA establishes employee rights and the National Labor Relations Board (NLRB) enforces them, the broad, across-the-board federal requirement for all covered employers to display an NLRB “Employee Rights Under the NLRA” poster has been subject to legal challenges and is not universally enforced as a general posting obligation in the way Department of Labor posters are (like minimum wage/FLSA notices).
That said, employee rights under the National Labor Relations Act still apply regardless of whether a poster mandate applies to your workplace. Many employers choose to communicate these rights clearly as part of best-practice compliance—especially if they operate in unionized environments, have active organizing activity, or want consistent labor law notice programs across locations.
For broader federal poster context, see SwiftSDS’s employment legislation list.
Who is covered by NLRA employee rights?
In general, the NLRA covers most private-sector employers engaged in interstate commerce and their employees. However, the Act excludes certain groups, including (commonly) public-sector employees, many agricultural laborers, and certain categories such as independent contractors (as a general rule, though classification can be disputed).
Because poster and notice obligations can differ depending on workforce classification and location, it’s helpful to confirm worker status across major leave and wage laws too. For example, SwiftSDS addresses related classification questions in are contractors eligible for fmla (a different law, but a useful framework for thinking about coverage and eligibility).
Employee rights under the National Labor Relations Act (what the poster typically communicates)
Whether you display an “NLRA poster” or simply train managers and employees, the core NLRA employee rights generally include:
H3: The right to engage in concerted activity
Employees have the right to act together (with or without a union) to improve pay, benefits, schedules, safety, and other working conditions. “Concerted activity” can include:
- Discussing wages and workplace concerns with co-workers
- Circulating a petition about workplace issues
- Approaching management as a group
- Certain public communications tied to labor disputes (fact-specific)
H3: The right to form, join, or assist a union—or not to
Employees may:
- Organize a union
- Support a union
- Choose not to support a union
- Refrain from organizing activity
H3: The right to bargain collectively (through representatives)
If employees choose representation, they have the right to bargain collectively through their chosen representative regarding terms and conditions of employment.
H3: Protections from retaliation or interference
Employers generally may not interfere with, restrain, or coerce employees in the exercise of NLRA rights. In practical terms, that means HR and supervisors should avoid:
- Threats of job loss or reduced benefits if employees organize
- Promising benefits to discourage union support
- Surveillance (or creating the impression of surveillance) of protected activity
- Disciplining employees for protected, concerted discussions about workplace conditions
A helpful way to place NLRA rights in context is to map them alongside other core federal workplace protections. SwiftSDS summarizes foundational protections in 5 rights of workers.
Actionable compliance steps for HR and business owners
Even when an NLRA poster isn’t a straightforward “must-post” requirement for every employer, NLRA compliance is highly practical: it’s about what your leaders say, do, and document. Here are steps that reduce risk.
H3: 1) Audit handbook policies for NLRA conflicts
Common NLRA risk areas include policies that could reasonably be read to restrict protected concerted activity, such as overly broad rules on:
- Discussing pay or “confidentiality” of wages
- Social media restrictions
- “Civility” requirements that ban criticism of management
- Recording, solicitation, and distribution rules
Action step: Review policies with counsel and revise for narrow, job-related restrictions (e.g., trade secrets) without banning protected discussions about working conditions.
H3: 2) Train supervisors on “what not to do” during workplace complaints
Many NLRA issues arise when managers respond poorly to group complaints about schedules, safety, or pay.
Action step: Train supervisors to route group complaints to HR without:
- Threats, interrogation, or surveillance
- Reactive discipline tied to the complaint itself
- Messaging that suggests employees cannot discuss pay or conditions
H3: 3) Standardize your labor law notice program (physical + digital)
Most employers juggle multiple federal and state notices. Build a single source of truth for postings, versions, and locations—especially if you have remote employees or multiple sites.
Action step: Consider a combined posting workflow and document retention approach using electronic delivery where permitted. SwiftSDS explains options in electronic posters.
H3: 4) Don’t overlook other mandatory federal posters
Even if NLRA posting requirements are not universal, many other federal notices are clearly mandatory. For example, the Department of Labor requires employers to post the FLSA minimum wage notice—see Employee Rights Under the Fair Labor Standards Act (and ensure you post the correct version for your workforce category).
H3: 5) Manage multi-state requirements by location
NLRA rights are federal, but employers commonly need to coordinate them with state posting rules for wage/hour, discrimination, unemployment insurance, and safety.
Action step: If you operate in California, start with SwiftSDS’s state-specific overview of poster delivery options in Cal poster.
Where and how to display employee rights notices (best practices)
If you choose to display an NLRA employee rights notice (or have a contract/industry expectation to do so), follow the same usability principles you apply to required labor law posters:
- Place notices where employees gather: breakrooms, near time clocks, HR bulletin boards, intranet notice hubs (for remote teams).
- Use accessible formats: readable font size, non-obstructed placement, updated versions.
- Align with EEO/ADA communications: ensure your posting strategy supports accessibility and consistent civil rights messaging. SwiftSDS covers related HR documentation and considerations in ada hr and ada forms for employers.
- Document posting and distribution: keep a compliance log noting dates posted/updated, locations, and digital distribution methods.
For organizations building a more comprehensive civil rights and workplace notice library, SwiftSDS also provides a hub on Civil rights posters.
FAQ: NLRA poster and employee rights
1) Is the NLRA poster required for every employer?
Not in the same universal way as many Department of Labor posters (like FLSA). The NLRA applies broadly to private-sector employers, but general posting mandates for an NLRB “Employee Rights Under the NLRA” notice have been legally contested and are not uniformly treated as a blanket requirement. If you’re unionized, in certain regulated contexts, or want best-practice transparency, posting may still be advisable.
2) What are “employee rights under the National Labor Relations Act” in plain terms?
Employees generally have the right to act together to improve working conditions, to form/join/support a union (or not), and to be free from retaliation or interference when engaging in protected concerted activity.
3) Can we prohibit employees from discussing wages to avoid conflict?
Policies that broadly ban wage discussions can create NLRA risk because discussing pay is often protected concerted activity. Employers should instead focus on addressing harassment or disclosure of true trade secrets, and train managers to handle conflicts without restricting protected discussions.
Next steps for SwiftSDS clients
If your goal is consistent compliance across federal and state posting obligations, start by mapping required notices, confirming coverage, and choosing a delivery method that fits your workforce (on-site, hybrid, or fully remote). SwiftSDS’s employment legislation list is a practical starting point for building a complete posting program, while electronic posters can help you evaluate digital distribution options.