Understanding Federal Contracting Postings - June 9, 2010
June 9, 2010 by Butts
The NLRA posting must be posted by federal contractors and subcontractors by June 19, 2010. The posting is titled Notice to Employee Rights Under Federal Labor Laws and must be posted in a conspicuous place where employees covered by the NLRA work and where other employee notices are commonly posted.
Executive Order 13496, signed into law January of 2009, applies to federal contractors and subcontractors with prime contracts over $100,000 or subcontracts over $10,000. The poster informs employees of their rights under the NLRA to organize and bargain collectively. The notice also includes examples of practices considered illegal for both Unions and employers under the NLRA.
Finally, the contact information for reaching the NLRB is also included in the posting.
Davis-Bacon Act Posting:
The Davis-Bacon Act requires certain contractors to pay laborers and mechanics at least the prevailing wage rates for corresponding work on similar projects. Davis-Bacon applies to contractors and subcontractors performing work on federal construction contracts exceeding $2,000.
This posting must be posted by every employer covered by the labor standards of Davis Bacon and related Acts (DBRA). The posting must be posted in a prominent place at the worksite where it can easily be seen by employees. There is no size requirement.
The Contract Work Hours and Safety Standards Act Posting:
The Contract Work Hours and Safety Standards Act (CWHSSA) applies to laborers and mechanics, including watchmen and guards, employed by contractors and subcontractors with federal service contracts and federally funded and assisted construction contracts over $100,000.
The notice to be posted depends on the type of federal procurement contract involved – either the Notice to all Employees Working on Federal or Federally Financed Construction Projects for Davis-Bacon contracts or, for contracts to which the Service Contract Act (SCA) applies, the Employee Rights on Government Contracts must be posted. It must be posted at the site of the work in a prominent and accessible place where it may be easily seen by employees. There is no size requirement for these posters but must be easily readable.
McNamara-O'Hara Service Contract Act (SCA) Posting:
Covers contracts entered into with Federal government agencies where the principal purpose of the contract is to furnish services in the U.S. through the use of "service employees.
Every employer performing work covered by the SCA is required to provide each employee working on the contract notice of the SCA payment and fringe benefit requirements for the different classes of service employees and to post the Employee Rights on Government Contracts notice at the site of the work in a prominent place where it may be easily seen by employees. There are no size requirements for the poster.
Walsh-Healey Public Contracts Act Posting:
Requires certain contractors to pay employees the federal minimum wage for all hours worked, and time and one half their regular rate of pay for all hours worked in excess of 40 in a workweek. It applies to contractors with contracts in excess of $10,000 for the manufacturing or furnishing of materials, supplies, articles, and equipment to the U.S. government. This Act covers employees who produce, assemble, handle, or ship goods under these contracts.
Every employer performing work covered by the PCA is required to post the Employee Rights on Government Contracts notice at the site of the work in a prominent and accessible place where it may be easily seen by employees. There are no size requirements for the poster.
Employee Rights for Workers with Disabilities/Special Min Wage Posting:
Every employer of workers with disabilities under special minimum wage certificates authorized by the Fair Labor Standards Act, the McNamara-O'Hara Service Contract Act, and/or the Walsh-Healey Public Contracts Act shall display a poster prescribed by the Wage and Hour Division explaining the conditions under which special minimum wages may be paid. The poster shall be posted in a conspicuous place on the employer's premises where employees and the parents or guardians of workers with disabilities can readily see it.