Executive Order 13496: Employee Rights

Federal Contractor NLRA Poster: Employee Rights and Posting Requirements

Federal contractors and subcontractors may be required to display a workplace notice informing employees of their rights under the National Labor Relations Act (NLRA). Executive Order 13496 established this requirement for covered federal contracts, and the U.S. Department of Labor implemented it through 29 CFR Part 471.

The requirement became effective in June 2010 and remains an important consideration for employers performing covered federal government contracts.

What Is the Federal Contractor NLRA Poster?

The Notice of Employee Rights Under Federal Labor Laws explains employee protections involving union organizing, collective bargaining, and other activities protected by the National Labor Relations Act.

The notice also provides information about conduct prohibited under the NLRA and how employees can contact the National Labor Relations Board (NLRB).

Which Federal Contractors Must Display the NLRA Notice?

Executive Order 13496 and 29 CFR Part 471 generally require covered federal contractors and subcontractors to notify employees of their rights under the NLRA.

The regulations contain exceptions involving certain contracts, subcontract values, and other circumstances. Federal contractor status alone does not establish that every contract is subject to the posting requirement.

Employers should review the applicable contract provisions and Department of Labor guidance to determine whether the notice is required.

What Employee Rights Are Explained in the Notice?

The federal contractor NLRA notice describes important employee rights, including:

• The right to form, join, or assist a labor union.
• The right to bargain collectively through representatives chosen by employees.
• The right to discuss wages and working conditions with coworkers.
• The right to engage in protected concerted activities for mutual aid or protection.
• The right to refrain from certain union activities, subject to applicable law.
• Protections against unlawful interference with rights established by the NLRA.

Where Must the Federal Contractor NLRA Poster Be Displayed?

Covered federal contractors and subcontractors must display the required notice conspicuously in locations where employees performing covered contract-related work can readily see it.

The notice should be displayed where other employment-related notices are customarily posted, including appropriate locations throughout covered workplaces.

Employers with multiple facilities should review the posting requirements applicable to each location.

Are Electronic NLRA Postings Required?

Covered federal contractors and subcontractors that customarily provide employment-related notices electronically must also satisfy applicable electronic posting requirements.

Under Department of Labor guidance, electronic posting generally involves prominently displaying a link to the official notice on the website or intranet customarily used for employee notices.

Electronic posting does not automatically replace required physical posting.

Are E-Verify Posters Required for Federal Contractors?

E-Verify requirements are separate from the NLRA notice requirements.

Certain federal contractors must participate in E-Verify when their contracts contain the applicable Federal Acquisition Regulation (FAR) E-Verify clause.

Employers participating in E-Verify must follow the program's applicable notice display requirements.

Not every federal contractor is subject to the same E-Verify requirements. Employers should review their contracts and current U.S. Citizenship and Immigration Services guidance.

What Happens if a Covered Contractor Fails to Display the Notice?

Failure to comply with applicable federal contractor NLRA notice requirements may result in enforcement action under Executive Order 13496 and its implementing regulations.

Depending on the circumstances, available remedies may include contract-related sanctions.

Employers should review current Department of Labor guidance and applicable contract provisions when determining their obligations.

Does Every Private Employer Need the Federal Contractor NLRA Poster?

No. The federal contractor notice requirement under Executive Order 13496 applies to covered federal contractors and subcontractors, not automatically to every private employer.

However, many private-sector employees have rights under the National Labor Relations Act regardless of whether their employer performs federal government contracts.

Employers should distinguish employee rights under the NLRA from the separate requirement to display the federal contractor notice.

Federal Contractor Workplace Posting Resources

Federal contractors may have additional workplace posting obligations involving wage and hour requirements, occupational safety, employee rights, and contract-specific labor standards.

Labor Law Compliance Center provides federal workplace notices and other compliance products for employers throughout the United States.

Browse our Federal Labor Law Posters category for available federal notices.

Employers can also explore our State and Federal Combination Labor Law Posters or learn more about our Poster Replacement Plan.

Frequently Asked Questions

What is Executive Order 13496?

Executive Order 13496 establishes employee rights notification requirements for covered federal contractors and subcontractors. The Department of Labor implements these requirements through 29 CFR Part 471.

When did the federal contractor NLRA posting requirement begin?

The federal contractor employee rights notice requirement became effective in June 2010.

Does the NLRA protect employees who do not belong to a union?

Yes. Many employees covered by the NLRA have rights involving collective action and discussions about workplace conditions even when they are not union members.

Can employers obtain the official NLRA notice for free?

Yes. The Department of Labor provides the official Notice of Employee Rights Under Federal Labor Laws without charge.

Where can employers find official federal contractor NLRA guidance?

Employers can visit the U.S. Department of Labor Office of Labor-Management Standards for official notice materials and posting guidance.

Keeping Federal Contractor Workplace Notices Current

Federal contractor posting requirements may change through executive orders, regulations, legislation, and court decisions.

Employers should review current official agency guidance and the requirements applicable to their particular federal contracts.

For additional workplace posting resources, visit the Labor Law Compliance Center homepage.

Compliance note: This article provides general educational information about federal contractor employee rights notice requirements. Employers should consult current Department of Labor guidance and applicable contract provisions to determine their obligations.