Beginning June 21, 2010, pursuant to Executive Order 13496, Federal contractors and subcontractors will be required to notify employees of their rights under the National Labor Relations Act (NLRA), including their right to bargain collectively with their employer and to engage in protected concerted activities. Employers subject to the new regulation are required to provide employees with examples of unlawful employer and union behavior, and information on how an employee may contact the National Labor Relations Board (NLRB) with questions or to file a complaint. A provision regarding the new posting requirements must be included in every Government contract. The only exceptions are subcontracts below $10,000, prime contracts falling below the Simplified Acquisition Threshold (currently $100,000), collective bargaining agreements with a Federal agency, and when the Secretary has exempted a department or agency.

Contractors and subcontractors must clearly display the notice and it must be presented where other employee notices are normally posted.  Additionally, if a contractor or subcontractor posts employee notifications electronically, an additional notice must be posted electronically through a link to the Office of Labor-Management Standards website. The link must be placed where other electronic employee notices are generally located and must be as prominent as other electronic notices.  An electronic posting does not substitute for a physical posting. Furthermore, employers who maintain a workforce not fluent in English must also provide the notice in the languages spoken by their employees. Failure to follow the regulation may result in sanctions; penalties; and remedies for noncompliance, such as a suspension or cancellation of an existing contract or debarment from future Federal contracts.

For more information on the notification requirements, or for information on how to obtain a required poster, visit http://www.dol.gov/olms/regs/compliance/EO13496.htm.