Wyatt Employment Law Report

Department of Labor Issues Final Rule Implementing Executive Order for Federal Contractors

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By George J. Miller

On May 19, 2010, the U.S. Department of Labor published in the Federal Register (75 FR 28368) a final regulation implementing President Obama’s Executive Order 13496, which he issued in January 2009.  The regulation goes into effect on June 19, 2010. 

 EO13496 requires federal contractors to include clauses in their contracts whereby they agree to post notices concerning employee rights under federal labor laws, including the National Labor Relations Act, concerning the right of employees to self-organize, bargain collectively, and form unions. 

 The regulation requires federal contractors and subcontractors to post the prescribed notices conspicuously in plants and offices where employees who are covered by these labor laws perform contract-related work, and also where notices to employees are customarily posted.  They must also be posted electronically via a link to the Department of Labor’s Office of Labor-Management Standards (OLMS).  Contractors can obtain a poster containing the required notice language from the federal contracting department or agency with which they are contracting, or online at http://www.dol.gov/olms/regs/compliance/EO13496.htm, or from field offices of the OLMS or the Office of Federal Contract Compliance Programs.

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