Monday, June 21, 2010

DOL Verification Procedures under E.O. 13496

On June 15, 2010, the US Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued a directive to the compliance officer staff regarding verifying compliance with the President's Executive Order 13496, Notification of Employee Rights under Federal Labor Laws. The directive relates to the procedures for compliance verification during the OFCCP on-site compliance evaluation.

For a copy of the directive, go to:

The following is a presentation from the OFCCP website regarding the Executive Order and the regulations:

Office of Federal Contract Compliance Programs (OFCCP)
New Employee Notification Requirements for Federal Contractors and Subcontractors

Under Department of Labor regulations, , contractors holding contracts with the Federal government and their subcontractors are required, beginning on June 21, 2010, to post notices informing employees of their rights under the National Labor Relations Act (NLRA). The notice to employees required by the regulations inform employees about their rights under the NLRA to form, join and assist a union and to bargain collectively with their employer; provides examples of unlawful employer and union conduct that interferes with those rights; and indicates how employees can contact the National Labor Relations Board, the Federal agency that enforces those rights, with questions or to file complaints. Contractors that violate the Labor Department's regulations requiring employee notification of these rights may be subject to sanctions, including suspension or cancellation of the contract.
The regulations require Federal contractors:
to post the required employee notice conspicuously in and around their plants and offices so that it is prominent and readily seen by employees who are covered by the NLRA and who engage in contract-related activity;
to post the required notice electronically if they communicate with employees electronically, which requires posting a link to the Department of Labor's website containing the employee notice where they customarily place other electronic notices to employees about their jobs; and
to insert provisions in their subcontracts that require their subcontractors to comply with the same posting requirements as well.
Contractors and subcontractors may obtain the required poster in any of the three ways. The Labor Department will print posters and provide them to Federal contracting departments and agencies for supply to contractors and subcontractors. In addition, contractors and subcontractors can request posters from the field offices of the Labor Department's Office of Federal Contract Compliance Programs ( , or Office of Labor-Management Standards (OLMS) ( Finally, contractors and subcontractors can acquire the poster from OLMS' website by downloading it from or by calling (202) 693-0123. Compliance information for contractors and subcontractors can be found at OFCCP's website

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