You may be required to notify your employees of their right to join a union

Effective June 19, 2010, most federal government contractors and subcontractors are required to post a notice notifying employees about employee rights under the National Labor Relations Act ("NLRA"). Covered employers must disclose the following employee rights:

This notice requirement is contained in the U.S. Department of Labor's ("DOL") published final rule which implements provisions of Executive Order 13496, signed by President Obama on January 30, 2009. The posting of notice requirements apply to federal government contractors and their subcontractors at any tier. These requirements do not apply to:

The DOL has published a poster which meets the requirements of the final rule. A copy of the poster is attached to this newsletter and may also be downloaded from the Office of Labor-Management Standards' website at The DOL notice provides specific examples of unlawful employer conduct requiring an employer to notify its employees that it is illegal for an employer to:

It is important to note that even though all employers are not required to post the new notice, the conduct contained in the notice is prohibited for all employers. The poster must be posted in the workplace. In addition, employers who routinely post notices for employees on a website must also use an electronic posting in addition to the physical posting.

Two DOL agencies, the Office of Federal Contract Compliance Programs and the Office of Labor-Management Standards, are assigned to enforce these notice requirements. Failure to comply with the notice requirements may result in suspension or cancellation of the contract and may bar future federal contracts. To ensure compliance with the regulation, covered contractors should post the poster once they are awarded contracts based on solicitations issued on or after June 19, 2010. For more information regarding this final rule or assistance with other employment matters, contact Mary Elizabeth Davis.

Poster: Employee Rights Under the NationalLabor Relations Act

Spotts Fain publications are provided as an educational service and are not meant to be and should not be construed as legal advice. Readers with particular needs on specific issues should retain the services of competent counsel.