On June 24, 2022, the U.S. Department of Labor (USDOL) Office of Federal Contract Compliance Programs (OFCCP) announced a new posting requirement titled “Employee Rights Under the National Labor Relations Act” for covered federal construction contractors as well as service and supply contractors in accordance with Executive Order 13496. Covered contractors are those that (1) have prime contracts and/or subcontracts that resulted from federal agencies solicitations issued on or after June 21, 2010; (2) have prime contracts at or above the simplified acquisition threshold (which is currently at $100,000) or subcontracts of $10,000 or more; and (3) have met the definition of “employers” under the National Labor Relations Act. The posters cannot be resized, reformatted or altered by contractors. OFCCP has translated the poster to other languages as contractors are required to post the employee notice in the language(s) spoken by the employees if a significant number of employees are not proficient in English. If the contractor customarily posts its notices electronically, this poster must be electronically posted as well as physically posted in conspicuous places in and around its facility.
Failure to display the poster and/or include the required Executive Order 13496 contract clause may result in a violation which could include suspension or cancellation of the contract or debarment.
More information can be found on the USDOL website. The required posters can be found here.