Employee Rights Notice: Employer Compliance Checklist For 2025

Many employers are familiar with workplace posters that must be displayed under federal law, but the notice connected to the National Labor Relations Act is easy to overlook. For covered employers, the posting rule is not just a formality; it is part of the basic compliance framework that informs employees of rights protected by federal labor law.

The central question for businesses is usually not whether the notice is important, but whether their organization is covered, where the notice must appear, and what counts as a proper display. The answer depends on the employer’s relationship to the National Labor Relations Board’s jurisdiction and, in some cases, how the business communicates with workers electronically.

Why this notice matters

The employee rights notice exists to tell workers about core protections under the National Labor Relations Act. The National Labor Relations Board explains that employees covered by the statute have the right to act together to improve working conditions, including the right to organize, bargain collectively, and engage in other protected concerted activity.

For employers, the poster is less about labor politics and more about compliance. A required notice gives employees basic information in a standardized format, and it helps employers show that they are meeting federal posting obligations. When a business is covered, failure to post can create a compliance gap even if the company otherwise follows labor law.

Which employers are covered

The notice requirement applies to most private-sector employers that fall within the NLRB’s jurisdiction. That includes many small businesses, but not every employer is covered by the same rule. Coverage turns on whether the employer is subject to the National Labor Relations Act and the Board’s jurisdictional standards.

Certain categories are outside the statute, including government employers and some industries regulated by different federal labor systems. The U.S. Postal Service is also specifically excluded from this posting requirement. In practice, the safest approach is to assume the rule may apply unless the business clearly fits an exclusion or falls below jurisdictional thresholds.

Where the poster must be displayed

Covered employers must post the notice in conspicuous places where employees are likely to see it. That generally means the same locations used for other mandatory workplace notices. The goal is visibility, not concealment, so the notice should not be tucked away in a break room corner, a rarely used storage area, or a place that employees cannot reasonably access during the workday.

For employers that use multiple worksites, the notice should appear where the affected workers actually report or where personnel notices are normally displayed. If employees work at a location controlled by the employer, the posting should be placed there rather than at an administrative office they never visit.

Federal contractors have a related but separate requirement: the prescribed notice must be posted in plants and offices where contract-related work is performed, including places where employee notices are customarily posted physically and electronically. That obligation comes from a Department of Labor posting rule, not the same rule that applies to ordinary private employers.

How large and how formatted the notice should be

The NLRB’s notice is not just a general informational flyer. The Board’s rule specifies that the posted notice must be at least 11 by 17 inches and must appear in the type size, style, and format prescribed by the Board. Employers may obtain the notice from the Board and print it in black and white.

For businesses that cannot print on oversized paper, the Board has permitted a two-page 8.5-by-11-inch format that may be taped or bound together to meet the size requirement. The key point is that the final display still needs to satisfy the notice’s size and presentation standards, so a small office handout pinned to a wall is not enough.

• The display must be large enough to meet the posted-size requirement.
• The content must match the Board-approved language and format.
• The notice should be easy to read without special effort.
• The posting should be placed with other required workplace notices when possible.

What about electronic posting

Many employers now communicate policies, handbooks, and workplace information through internal websites or intranets. The NLRB’s rule recognizes that reality. If an employer customarily communicates personnel rules or policies by electronic means, the notice must also be posted on the employer’s internet or intranet site. That requirement is triggered by ordinary business practice, not by a special request from an employee.

The Department of Labor uses a similar approach for federal contractor notices, allowing compliance through a prominent electronic link on a site the employer customarily uses for employee notices about terms and conditions of employment. In both systems, the notice should be easy to locate and not buried in an obscure directory or behind unnecessary barriers.

For many businesses, the safest practice is to treat electronic display as a supplement, not a substitute, unless the applicable rule specifically allows electronic-only posting. Physical posting remains the most dependable baseline when employees work on site.

Common compliance mistakes

Employers often run into the same avoidable problems when handling labor law notices. One common mistake is assuming that because a workplace already has a general poster wall, any document placed there automatically satisfies the rule. Another is using a reduced-size printout that looks clear enough at first glance but does not meet the required dimensions.

A third mistake is assuming that an internal portal counts as a compliant electronic post simply because employees can access it. The notice needs to be placed where the employer customarily communicates workplace policies, and it should be readily visible to the intended audience. A fourth mistake is overlooking worksites with remote or field-based employees, where the notice may need to be posted at the location where they report or where workplace notices are normally displayed.

• Using the wrong poster version or outdated text.
• Printing the notice at a size smaller than required.
• Posting it in a location employees do not actually use.
• Failing to update electronic postings when the workplace portal changes.
• Confusing NLRA posting rules with separate contractor notice requirements.

How federal contractor rules differ

Businesses that do federal contracting should pay special attention, because the Department of Labor imposes a separate employee rights notice requirement for contractors and subcontractors. That notice informs employees of their rights under federal labor law and must be displayed conspicuously where contract-related work is performed.

The contractor notice has its own formatting instructions, including an 11-by-17-inch minimum size. It may also be posted electronically on a site that the company customarily uses for employee notices about employment terms and conditions. In short, a company can be covered by both a general NLRA posting obligation and a separate contractor-specific posting regime.

That overlap matters because the notices are similar in purpose but not identical in source or coverage. Businesses should not assume that one poster automatically satisfies the other unless the specific version and legal requirement line up.

Practical steps for employers

A simple compliance process can reduce risk. Employers should first determine whether the company is a private-sector employer subject to the NLRB’s jurisdiction. If the answer is yes, the next step is to confirm the correct poster version and install it in a location where employees can easily see it.

Employers should also check whether internal communications practices trigger an electronic posting requirement. If the company uses an intranet for policy notices, the employee rights notice should be included there in a visible and accessible way. Businesses with multiple worksites should verify that each relevant site has the notice in place.

• Confirm whether the business is covered by the NLRA and NLRB jurisdiction.
• Use the official notice or another compliant version with the correct size and text.
• Post it where employees already look for workplace notices.
• Review intranet or website posting practices for added compliance duties.
• Recheck the posting whenever office layouts, websites, or worksite arrangements change.

Frequently asked questions

Do small businesses have to post the notice?

Many do. The deciding factor is not business size alone, but whether the employer falls under the NLRB’s jurisdiction. Some very small employers are outside that coverage, but many small private businesses are still included.

Can the notice be printed on regular paper?

Only if the final display still meets the Board’s size and format requirements. The NLRB requires a notice that is at least 11 by 17 inches, although a two-page 8.5-by-11-inch version may be used if it is properly assembled.

Is electronic posting enough by itself?

It depends on how the employer communicates with workers and which rule applies. The NLRB requires electronic posting when an employer customarily uses electronic channels for personnel rules or policies. Federal contractor rules also allow electronic display in certain circumstances.

Where should the notice be placed in a remote or hybrid workplace?

There is no one-size-fits-all answer, but the notice should be posted where employees customarily receive workplace notices and where they are likely to encounter them. If there is a physical site, that site usually remains the main posting location; if the employer uses an intranet or similar system, the notice may also need to appear there.

Does this apply to union workplaces too?

Yes, the notice obligation can still apply even when employees are represented. The rule concerns informing employees of rights under federal labor law and the way those rights are protected.

Why businesses should treat poster compliance seriously

Poster rules may seem administrative, but they are part of a broader compliance culture. A missing notice can signal that an employer has not reviewed its labor-law obligations carefully. By contrast, a clean and current posting system shows that the business pays attention to legally required communications and employee-facing notices.

For employers operating in multiple states or with changing work arrangements, the easiest strategy is to keep a consolidated posting calendar and review each location’s notice obligations periodically. That approach helps ensure that federal, contractor, and site-specific notices are all current and displayed where they belong.

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medha deb

 

Medha Deb is an editor with a master's degree in Applied Linguistics from the University of Hyderabad. She believes that her qualification has helped her develop a deep understanding of language and its application in various contexts.

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