OFCCP Updated Notification Requirements Per Executive Order 13496

On Wednesday May 19th, OFCCP sent out an e-mail identifying a new regulation regarding posting requirements under the National Labor Relations Act (NLRA). See below for details.

Please see the OFCCP Powerpoint slides on their homepage. There is a "New" icon on the lower right side of the page.

http://www.dol.gov/ofccp/index.htm

Copy of e-mail from OFCCP:

New Employee Notification Requirements for Federal
Contractors and Subcontractors:
OFCCP Will Present Webinar on Compliance Fundamentals

Under a new Department of Labor regulation to be published tomorrow, 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). On June 3, 2010, Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) will present a webinar for Federal contractors and subcontractors to provide them with information about how to comply with this new regulation. For more information about the webinar subscribe to OFCCP’s E-mail updates at http://www.dol.gov/OFCCP/.

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. The employee notice that must be posted and the contract provisions that must be inserted into Federal contracts and subcontracts can be found at 29 C.F.R. Part 471 Appendix 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 cancelation of the contract.

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. 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.

Here is the link to where you can download the new posting requirement as well as additional information on the new EO.

http://www.dol.gov/olms/regs/compliance/EO13496.htm


Executive Order 13496 Notice of Employee Rights, in Adobe Reader (.pdf) format, can be downloaded from the link below. If you are not able to download the notice, or if you seek a hard copy of the notice, you can send a request to olms-public@dol.gov or call (202) 693-0123. Contractors may also reproduce and use exact duplicate copies of the official notice.
• Notice of Employee Rights Under Federal Labor Laws - 11x17-inch one-page format (PDF)
• Notice of Employee Rights Under Federal Labor Laws - 11x8.5-inch two-page format (PDF)
To use one of these files as a poster for your place of employment, please follow these instructions:
The files are only available in PDF format. In order to view and/or print PDF documents you must have a PDF viewer (e.g., Adobe Acrobat Reader) available on your workstation. Click on the PDF link for one of the Notice of Employee Rights Under Federal Labor Laws posters above and wait for it to load into the viewer.
1. The size of the poster must be 11x17 inches or larger.
2. If you have a printer capable of printing to 11x17 inch paper, download the poster in the 11x17-inch one-page format. Be sure to select that paper size when printing.
3. If you do not have a printer that is capable of 11x17 prints, download the poster in the 11x8.5-inch two-page format. When printing, please ensure that the Page Scaling box reads: Scale to Printer Margins and you have checked the Auto-Rotate and Center box. The poster will print two 11x8.5-inch landscape pages that must be taped or pasted together to form the 11x17 inch poster.”