Regulations Implementing Executive Order 13496

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On May 20, 2010, the Department of Labor’s Office of Labor Management Standards (“OLMS”) issued a final rule implementing Executive Order 13496. The new regulations take effect on June 21, 2010, and will require federal agencies to include contract language in agreements requiring their contractors and subcontractors to: (1) post a notice informing employees of their rights under the National Labor Relations Act; and (2) include similar requirements in their subcontracts. Employers who have contracts with the federal government or with another entity which has contracts with the federal government need to be on the lookout for such contractual language. (Some exceptions apply based on the monetary size of the federal contract or subcontract.) The language in an agreement a federal contractor or subcontractor is asked to sign may be as oblique as a reference to “29 CFR Part 471, Appendix A to Subpart A."

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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