Blog Topic

Federal contractors are now required to post a new labor law notice for employees
Posted by: Jonathan Bowne
August 05, 2010

Effective June 21, 2010 new U.S. Department of Labor regulations took effect requiring most federal contractors (including subcontractors) to post notices advising employees of their rights under the National Labor Relations Act, to organize and bargain collectively with their employers and to engage in other protected concerted activity. Additionally, the notice provides examples of illegal conduct by employers and unions, and it provides contact information to the National Labor Relations Board. A copy of the required notice is available here.

Applicable contractors must post the notice in plants and offices where employees who are covered by the NLRA are performing any contract-related activity. The posting must be in all places where notices to employees are customarily posted. In addition, contractors and subcontractors who normally post notices to employees electronically are also required to post the notice electronically via a link to http://www.dol.gov/olms/regs/compliance/EO13496.htm.

Federal construction contracts will also now include provisions mandating the required posting.

The requirements will be enforced by the Office of Federal Contract Compliance Programs. Non-compliance may result in penalties, including contract cancellation or suspension, or debarment from future federal contracts. Contractors will be provided an opportunity for a hearing and appeal before sanctions will be imposed.

This article, ©2010, was written by Jonathan M. Bowne.  Mr. Bowne is an associate of attorney William C. Last, Jr.  Mr. Last is an attorney who has been specializing in Construction Law for over 30 years.. In addition to belonging to a number of construction trade associations, Mr. Last holds a California "A" and "B" license. He can be contacted at 650-696-8350. The articles are not intended to be a substitute for the advice of an attorney as to a specific problem. If you have a specific legal question or need legal advice, you should contact an attorney.

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E-Verify Now Live
Posted by: William Last
May 04, 2010

The long-expected E-Verify service for checking on the immigration status of employees and applicants is now up and running, having been delayed from the anticipated January implementation. Federal contractors are required to use the service to check the status of both current and potential employees. The program has been and will continue to be the subject of much debate and employers can expect further changes.

Contractors must enroll in the E-Verify program within 30 days of the award of a contract containing an E-Verify clause and have 90 days from the date of enrollment to verify the status of all new hires and all employees assigned to the contract. Subcontractors on such projects with a subcontract of $3,000 or more must also enroll and check their employees.

There are significant concerns that the system will report false "tentative negative confirmations." Contractors are required to provide the concerned employee with information and assist any employee who wishes to challenge the determination in obtaining administrative review.

Frederick J. Northrop

May 3, 2010

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