Notification of Employee Rights Regulations

By | May 27, 2010

On May 20, 2010, the US Department of Labor published a final rule regarding the Notification of Employee Rights Under Federal Labor Laws.  The rule, which is effective on June 21, 2010, can be accessed on the Government Printing Office website at http://edocket.access.gpo.gov/2010/pdf/2010-11639.pdf.

Contractors must post a new notice conspicuously in and around their plants and offices so that it is prominent and readily seen by employees.  The notice must be posted where other notices to employees about their jobs are posted.  The posting requirements do not apply to prime contracts under the Simplified Acquisition Threshold, which is currently set at $100,000, and do not apply to subcontracts below $10,000.  Contractors and subcontractors who post notices to employees electronically must also post the required notice electronically via a link to the Office of Labor-Management Standards (OLMS) website.  When a significant portion of a contractor’s or subcontractor’s workforce is not proficient in English, they must provide the employee notice in the languages spoken by employees.

Contractors and subcontractors can acquire the poster from: (1) the Federal contracting departments and agencies; (2) the Department of Labor’s OLMS at (202) 693-0123 or www.dol.gov/olms; or (3) OLMS or OFCCP field offices.  You can access the online version of the poster by following this link on the OLMS website: http://www.dol.gov/olms/regs/compliance/EO13496.htm and scrolling down to the section regarding Obtaining Copies of the Notice on Employee Rights.  Please note that there are very specific size requirements for the poster and specific instructions unique to different printers.

In addition, the employee notice clause must be inserted into federal contracts and subcontracts.  The clause may be incorporated by reference.

The OFCCP may conduct evaluations to determine compliance with these requirements.

Please contact us by calling (732) 446-2529 or sending us an e-mail at glennbarlett@gbcs.net if you are interested in additional information regarding the Notification of Employee Rights Regulations.