Quick Hits

• E.O. 13496 requires government contractors and subcontractors to post notices informing employees of their rights under federal labor laws.
• The DOL is seeking an extension of the current approval to collect information related to E.O. 13496 to ensure its enforcement through the complaint procedure.
• OFCCP remains the primary enforcement body for complaints under E.O. 13496 despite significant staff reductions.

Under the regulatory provisions of E.O. 13496 (29 C.F.R. Part 471), contractors and subcontractors are required to post notices detailing employees’ rights under the National Labor Relations Act (NLRA). These notices must include information on activities that are illegal under the Act, a general description of the remedies available to employees, and contact information for further assistance. The U.S. Department of Labor (DOL) estimates that it will annually continue to receive approximately ten complaints alleging failures to comply with the notice posting requirements of E.O. 13496.

The National Labor Relations Board’s (NLRB) 2011 rule required private-sector employers to post similar notices to employees advising them of their rights under the NLRA. But in June 2013, the Fourth Circuit Court of Appeals stated the agency had exceeded its authority when making such a requirement, agreeing with an earlier D.C. Circuit decision. A second chance at such notices was taken in 2023, when former NLRB General Counsel Jennifer Abruzzo suggested that employers...

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