2L01 Executive Order 13496 Requirements

Pursuant to Executive Order 13496 and its implementing regulations, 29 CFR. Part 471, federal contractors and subcontractors must notify employees about their rights under the NLRA. Contractors with covered contracts must meet their obligations under Executive Order 13496.159

Executive Order 13496 requires that covered contractors post notices specifying employee rights under the NLRA. The NLRA guarantees employees the right to organize and bargain collectively with their employer, and to be free from retaliation for so doing. Contractors must post the notice conspicuously in and around their establishments, work sites, and offices so that it is prominent and employees who are covered by the NLRA and directly or indirectly (e.g., maintenance, repair, personnel, payroll work) engaged in contract-related activity can readily see it. COs must inspect employee bulletin boards and areas frequented by applicants and employees, such as break rooms, personnel offices and common areas, for the required poster. If the contractor customarily posts employee notices regarding the terms and conditions of employment electronically, then the contractor must also post the Executive Order 13496 notice electronically. COs must verify the contractor’s compliance.

Executive Order 13496 also requires that covered contractors ensure that each subcontract and purchase order related to their federal contract(s) contains a notice of this posting obligation. COs must review a sampling of subcontracts and purchase orders to ensure that a covered contractor complies with this requirement.

There are exceptions to the posting requirements so COs must consult with the RSOL, their supervisors or the national office if there are questions about coverage under Executive Order 13496.160 If a violation of Executive Order 13496 is not corrected, the Director of OFCCP, or a designee, refers the matter to the Director of Office of Labor-Management Standards (OLMS), who may take enforcement action under 29 CFR 471.13, as appropriate.

159. See OFCCP Directive 2010-01, “Verification Procedures under E.O. 13496, Notification of Employee Rights under Federal Labor Laws, and the Department of Labor’s Implementing Regulations at 29 C.F.R. Part 471.”

160. See Executive Order 13496 Frequently Asked Questions, http://www.dol.gov/ofccp/regs/compliance/EO13496_faqs.htm (last accessed Sept. 10, 2019).