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U.S. Department of Labor Requires Notice Posting

June 17, 2010

The U.S. Department of Labor (DOL) has issued its final regulations describing how federal contractors and subcontractors, including banks, will provide notice of employee rights under the federal labor laws. The final regulations were issued in response to Executive Order 13496, issued January 30, 2009, which requires federal contractors to post a notice informing employees of their rights under federal labor laws, such as their right to join a union.

Beginning on June 21, 2010, covered contractors must post the notice in the workplace physically and/or electronically. The electronic posting must also contain a link to the DOL website that contains the full text of the poster. The link must read "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

Examples of the employees rights on the final poster include:

  • The right of employees to organize a union to negotiate with their employer concerning their wages, hours, and other terms and conditions of employment. 
  • The right of employees to discuss their terms and conditions of employment or union organizing with their coworkers or a union. 
  • The right of employees to take action with one or more coworkers to improve their working conditions by, among other means, raising work-related complaints directly with their employer or with a government agency, and seeking help from a union.

The DOL's final regulations confirm that the notice-posting requirements flow past the prime contractor and include subcontractors with subcontracts above $10,000. Prime contractors with federal contracts of $100,000 or more must include the notice requirements in their own covered subcontracts. Potential remedies for failure to comply with any of the posting requirements may involve contract cancellation or contractor debarment.

The final poster is available on the DOL website at the following links:

For more information, please contact John Entenman at 313-568-6914, or your Dykema relationship attorney.


As part of our service to you, we regularly compile short reports on new and interesting developments and the issues the developments raise. Please recognize that these reports do not constitute legal advice and that we do not attempt to cover all such developments. Rules of certain state supreme courts may consider this advertising and require us to advise you of such designation. Your comments are always welcome. © 2010 Dykema Gossett PLLC.
 

As part of our service to you, we regularly compile short reports on new and interesting developments and the issues the developments raise. Please recognize that these reports do not constitute legal advice and that we do not attempt to cover all such developments. Rules of certain state supreme courts may consider this advertising and require us to advise you of such designation. Your comments are always welcome. © 2018 Dykema Gossett PLLC.