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Employers: Do you know about the updates to the ‘Notification of Employee Rights under Federal Labor Laws’ poster?
By Daniel Ritter on June 11, 2019 at 9:40 AM

The word "update" spelled out with wooden blocksSince June 2010, contractors and subcontractors with contracts that result from federal agency solicitations issued on or after June 21, 2010, have been required to display the Department of Labor (DOL) poster notifying employees of their rights under the National Labor Relations Act (NLRA). On May 16, 2019, the DOL made the following updates to this employer-required poster:

  1. a new telephone number for the National Labor Relations Board; and
  2. new contact information for individuals who are deaf or hard of hearing.

What is required?

Luckily, the updates do not impact the posting requirements. Employers are still required to display the DOL poster in obvious places at their worksites, plants, offices and facilities where NLRA-covered employees perform contract-related activity. This includes activities that are indirectly related to performing the federal contract, such as maintenance, repair, personnel or payroll work. The poster can be made available electronically, but it must be physically displayed in places where other notices are typically displayed, e.g., employee bulletin boards and breakrooms.

This poster must be 11x17 inches or larger. Also, the poster’s form and content must not be altered. If a significant number of employees do not speak English, the employer must display the notice in the languages of their employees. The DOL’s poster and a variety of translations of the poster are available here.  If additional translations are needed, employers should follow the instructions provided by OLMS here.

Additionally, this is a great opportunity to remind employers that every contract and purchase order must include the text of the employee notice and outline the contractor’s posting obligation. The text of the employee notice and the provisions to be inserted into federal contracts can be found at 29 CFR Part 471, Appendix A to Subpart A. Appendix A is available here. The employee notice clause may be incorporated by reference by citing “29 CFR Part 471, Appendix A to Subpart A” in contracts, subcontracts and purchasing orders.

If you have questions about whether your company is in compliance with the DOL’s posting requirements, please contact one of the attorneys in our Employment & Labor practice group.

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