Department of Labor Issues Proposed Rules on Contractor Labor Rights Notices

On August 3, 2009, the U.S. Department of Labor issued a Notice of Proposed Rulemaking to implement President Obama's Executive Order 13496. This Executive order requires nonexempt Federal departments and agencies to include within their Government contracts specific provisions requiring that contractors and subcontractors with whom they do business post notices informing their employees of their rights as employees under Federal labor laws. As required by the Executive Order, this proposed rule establishes the content of the notice required by the Executive Order's contract clause, and implements other provisions of the Executive Order, including provisions regarding sanctions, penalties, and remedies that may be imposed if the contractor or subcontractor fails to comply with its obligations under the Order and the implementing regulations. http://frwebgate5.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=913260516837+1+3+0&WAISaction=retrieve

The Office of Federal Contract Compliance Programs (OFCCP) will be responsible for establishing compliance with the executive order, including conducting compliance evaluations exclusively concerning this Executive Order or in combination with other compliance evaluations. Complaints of non compliance would be filed with OFCCP and the Office of Labor Management Programs (OLMP). OLMP will be responsible for securing the administrative enforcement in the event of noncompliance. Sanctions for non compliance are comparable to those for noncompliance with Executive Order 11246: an order for cancellation, termination, or suspension of any contract or debarment of any contractor from further Government contracts. Prior to such actions, the contractor would have an opportunity for a hearing. The deadline for submitting comments to the Department of Labor on the proposed rule is September 2, 2009.

See the Notice of Proposed Rulemaking at: http://frwebgate5.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=913260516837+1+2+0&WAISaction=retrieve (PDF)

or http://frwebgate5.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdocID=913260516837+1+1+0&WAISaction=retrieve (HTML)