NLRA Updated Employee Rights Notifications for Government Contractors
Federal government contractors and subcontractors are now required to notify employees about their rights under the National Labor Relations Act (NLRA). The NLRA governs union/employee relations and entitles employees to organize and bargain collectively with their employers; to engage in other protected concerted activity with or without a union; or to refrain from all such activity. Additionally, Federal contracts and subcontracts must include a provision requiring Federal contractors and subcontractors to post the notice.
Content of Notice
The required posting outlines employees’ rights under the NLRA to form, join, and support a union and to bargain collectively with their employer. The notice also provides examples of unlawful employer and union conduct that interfere with those rights and provides contact information for the National Labor Relations Board for questions and complaints.
Exceptions to Posting Requirements
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 for less than $10,000.
Physical and Electronic Posting
Contractors and subcontractors must post the notice conspicuously where other notices to employees about their jobs are posted. If employees receive electronic notification of information, contractors and subcontractors must post the notice electronically, via the following link: http://www.dol.gov/olms/regs/compliance/EmployeeRightsPoster11x17_Final.pdf. Electronic posting cannot be a substitute for physical posting.
Translated Posters
Where a significant portion of a contractor’s or subcontractor’s workforce is not proficient in English, they must provide the notice in languages spoken by employees.
Investigations and Sanctions for Non-Compliance
The Office of Federal Contracts Compliance Programs (OFCCP) may conduct evaluations to determine compliance. Contractors who violate the regulations may be subject to sanctions for non-compliance, including suspension or cancellation of an existing contract; debarment from future Federal contracts and subcontracts; and inclusion on a list published and distributed by the Director of Office of Labor-Management Standards (OLMS) to all executive agencies listing the names of contractors and subcontractors declared ineligible for future contracts as a result of non-compliance with these requirements. Contractors have an opportunity for a hearing and an appeal before the imposition of any sanctions.
If you have any questions, please contact Laura L. Rubenstein, Esq. at lrubenstein@offitkurman.com or (301) 575-0333.