Just What You Needed: Another Poster!

DOL Regulation Requires Federal Contractors and Subcontractors to Hang New Poster by June 19, 2010

Beginning on June 19, 2010, federal contractors and their subcontractors are required to post notices informing employees of their rights under the National Labor Relations Act (NLRA). These regulations implement Executive Order 13496, signed by President Obama on January 30, 2009, and require federal contractors to agree to post the required employee notice and to agree to insert provisions in their subcontracts that require their subcontractors to post the employee notice as well (these requirements for language in subcontracts are often overlooked; you might want to re-read that sentence to make sure both compliance checkboxes are put into play). The poster can be found at: http://www.dol.gov/olms/regs/compliance/EO13496.htm. The employee notice clause does not need to be quoted verbatim in a contract, subcontract, or purchase order, but can instead be incorporated by citation to 29 CFR Part 471, Appendix A to Subpart A.

The notice to employees, required by the new regulation, informs employees about their rights under the NLRA to form, join and assist a union, and to bargain collectively with their employer. The notice provides examples of unlawful employer and union conduct that interferes with those rights and indicates how employees can contact the National Labor Relations Board, the Federal agency that enforces those rights, with questions or to file complaints. Contractors that violate the Labor Department's regulations requiring employee notification of these rights may be subject to sanctions, including suspension or cancellation of the contract. You can expect that any on-site audit will include verification that this poster is properly displayed.

Contractors and subcontractors must post the employee notice conspicuously in and around their plants and offices so that it is prominent and readily seen by employees who are covered by the NLRA and who engage in contract-related activity. In particular, contractors and subcontractors must post the notice where other notices to employees about their jobs are posted. Contractors and subcontractors who post notices to employees electronically must also post the required notice electronically, which requires posting a link to the Department of Labor's website containing the employee notice where they customarily place other electronic notices to employees about their jobs. Also, where a significant portion of contractor's workforce is not proficient in English, contractors and subcontractors must provide the employee notice in languages spoken by employees, and the Department will provide translations of the employee notice that can be used to comply with the physical and electronic posting requirements.

If you have questions about this Advisory, please contact your LMV attorney at (205) 326-3002.