Two New Employer Requirements!

By: Phyllis Katz. This was posted Wednesday, April 4th, 2012

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NLRA Poster. No later than April 30, 2012, most private sector employers will be required to post a notice advising employees of their rights under the National Labor Relations Act (NLRA). The notice, Notice of Employee Rights Under the National Labor Relations Act, is available for downloading at

The NLRA protects non-management employee rights to organize and engage in other protected activity for their mutual aid and protection. The notice must be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted. Employers also should publish a link to the notice on an internal or external website if other personnel policies or workplace notices are posted there. If a substantial share of the workplace speaks a language other than English the Notice must be posted in that language as well. The NLRB has prepared Notices in 23 languages other than English.
The Act’s coverage is very broad and includes a majority of non-government employers, such as non-profits, employee-owned businesses, labor organizations, non-union businesses, and businesses in states with “Right to Work” laws.

Earned Income Tax Credit Notification. Beginning in December, 2011, IRS required employers to notify each employee who worked for the employer at any time during the year and from whom you did not withhold income tax or who claimed an exemption from withholding on Form W-4 (Employee’s Withholding Allowance Certificate). The notice information could be provided on the back of the W-2 form and/or the employer could post a Notice where other legal notices are posted. IRS encourages employers to notify each employee whose wages for 2011 were less than $49,078 (this income level may be higher in 2012). Virginia also requires similar notification to employees regarding the EITC that is available under Virginia law. The posters, available in both English and Spanish are available for downloading at

For more information on an employer’s legal obligations to provide notice to employees of their rights under Virginia and Federal law, contact a Virginia employment attorney at Sands Anderson PC.

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