Deadline Nears for Federal Government Contractors to Post New Notice of Workers’ Rights

The U.S. Department of Labor (“DOL”) has issued a final rule implementing President Obama’s Executive Order 13496 requiring all government contracting departments and agencies to include a provision in their solicitations for contracts requiring that contractors must post a notice in conspicuous places informing employees of their rights under the National Labor Relations Act (“NLRA”).

The new notice must be posted for all covered government contracts or subcontracts that result from solicitations issued after June 21, 2010.  Go to the DOL’s website  for more specific information about the size and placement of the notice and about possible electronic posting.  Click here to see a sample of the new notice.  Please note that the notice posted must be at least 11″ by 17″.  Covered government contracts will mandate that  the prime contractor require subcontractors performing services or goods under the covered contract for $10,000 or more to also post this notice.

Prime contracts for less then $100,000 or those for work performed exclusively outside the U.S. do not required the posting of  this notice.  The notice requirement does not apply to contracts resulting from solicitations issued prior to June 21, 2010.

This notice has an extensive explanation of workers’ rights to organize and take collective action. It also sets forth examples of  adverse conduct by an employer (or a union) against an employee that would be  unlawful under the NLRA.  It  informs employees of possible remedies that can be ordered by the NLRB to correct unlawful conduct and tells them how to contact the NLRB to file a charge. 

This new Executive Order also revoked an Executive Order by President George W. Bush that federal contractors had to post informing employees of their rights concerning the payment of union dues or fees

New EEO Posters

The EEOC has revised its required employer postings to reflect recent changes in the EEO laws.   The new poster includes two new laws, the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”) and the Genetic Information Nondiscrimination Act of 2008 (“GINA” – effective November 21, 2009.)   The revised poster also includes updates from the Department of Labor and should be posted as soon as possible.

Employers may obtain the new required postings by either :

1. Printing the EEOC’s supplemental posting  and posting it next to the EEOC’s September 2002 “EEO is the Law” poster or the OFCCP’s August 2008 “EEO is the Law” poster, or 
2. Printing and posting  the EEOC’s comprehensive November 2009 version of the “EEO is the Law” poster, or 
3.  If you need multiple copies and/or non-English language versions, ordering the new poster through the EEOC Clearinghouse  (the posters are on “back order” now, but are expected to be available before GINA becomes effective on 11/21/09.)