Notification of Employee Rights Under Federal Labor Laws

This executive order requires federal contractors and subcontractors to post notices informing employees of their rights under federal labor laws, including the National Labor Relations Act. It revokes the prior Bush administration's Executive Order 13201 and delegates rulemaking authority to the Secretary of Labor to prescribe the specific notice requirements.

Federal Register Open PDF 74 FR 6107

Impact dates

Date TBD
Contracts resulting from solicitations issued on or after effective date of rule must comply
May 30, 2009
Secretary of Labor initiates rulemaking to prescribe notice size, form, and content
Jan 30, 2009
Agency heads revoke orders, rules, regulations, guidelines, or policies implementing EO 13201 expeditiously

Key directives

Include labor rights posting clause in all government contracts (except collective bargaining agreements and simplified acquisitions)
Contractors must post physical and electronic notices of employee rights under federal labor laws
Contractors must flow down posting requirements to subcontractors
Secretary of Labor to initiate rulemaking within 120 days for notice specifications
FAR Council to amend Federal Acquisition Regulation to implement requirements
Revocation of Executive Order 13201 and all implementing policies
Secretary may investigate complaints and impose sanctions including contract cancellation, termination, suspension, and debarment

Who is ordered

Timeline

Immediate

EO becomes effective immediately
Executive Order 13201 revoked
Agency heads directed to revoke implementing policies expeditiously

Near term (90d)

Secretary of Labor must initiate rulemaking within 120 days to prescribe notice size, form, and content

Long term

Rule applies to contracts from solicitations issued on or after effective date of final rule
FAR Council must amend Federal Acquisition Regulation to implement posting requirements

Risks & tensions

Contracting agency heads can block Secretary's directive to cancel/suspend/debar if they object in writing that contract is essential to mission—creates interagency tension
Scope of 'electronic' posting undefined; may create compliance uncertainty
Revocation of EO 13201 reverses prior administration policy, signaling partisan labor policy oscillation
Effective date tied to rulemaking completion, so actual contractor obligations delayed until final rule issued