Federal Contractors and Subcontractors: New Employee Notice Posting Requirement
The New Requirement for Federal Contractors and Subcontractors
As of June 19, 2010, all federal contractors and their subcontractors are required to post notices informing employee of their rights under the National Labor Relations Act (NLRA). This notice includes information regarding:
- employees’ right to form, join and assist a union;
- employees’ right to bargain collectively with their employer;
- examples of unlawful employer and union conduct that would be deemed to interfere with the employee’s rights under the NLRA; and
- contact information for the National Labor Relations Board (which is the federal agency that enforces those rights), so that employees can file complaint and/or seek out answers to applicable questions.
The Background
This requirement is pursuant to a new Department of Labor (DOL) regulation published May 20, 2010. It is the implementation of Executive Order 13496, signed by President Obama on January 30, 2009, which requires federal contractors to post NLRA rights for employees. It also requires contractors to place provisions in their subcontract agreements that require their subcontractors to post the NLRA rights for their employees.
How to Obtain the Required Poster
There are several ways for federal contractors and subcontractors to obtain the required poster:
- DOL is printing posters and providing them to federal contracting departments and agencies for supply to contractors and subcontractors.
- Request the posters from the DOL's Office of Labor-Management Standards and Office of Federal Contract Compliance Programs (OFCCP) field offices.
- They can be downloaded from http://www.olms.dol.gov.
Posting Requirements
Federal contractors and subcontractors must place the new posters in a conspicuous location in and around the plant and/or office so that they are prominent and readily visible by employees who are covered by the NLRA and who engage in contract-related activity. Contractors and subcontractors must post the notice where other job-related notices are located. If a federal contractor or subcontractor posts notices to employees electronically, the same must be done for the new notice with a link to the DOL's website.
If a significant portion of a contractor's workforce is not proficient in English, the notice must be posted in the language customarily used by the workforce. The DOL will provide translations of the required employee notice.
Enforcement
Federal contractors that violate the DOL's regulations requiring employee notification of these rights may be subject to sanctions, including suspension or cancellation of the contract.
For More Information
On June 3, 2010, the OFCCP will provide a webinar for federal contractors and subcontractors about compliance with this new regulation. To subscribe to the webinar or to learn more, go to: http://www.dol.gov/OFCCP.
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Your employment law attorneys at McAngus Goudelock and Courie are here to assist you. Please contact Amy Jenkins at 843-576-2917 or amy.jenkins@mgclaw.com; Edward Rawl at 803-227-4930 or erawl@mgclaw.com, Webster Harrison at 919-719-8209 or webster.harrison@mgclaw.com or Tracey Downs at 704-643-6303 or tracey.downs@mgclaw.com.
This legal update is published as a service to our clients and friends. It is intended to provide general information and does not constitute legal advice regarding any specific situation.
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