Understanding The Various Federal Contracting Postings
June 9, 2020 by Butts
The NLRA Executive Order 13496 Posting:
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.
Executive Order 13496: Notification of Employee Rights Under Federal Labor Laws
June 4, 2010 by Butts
Beginning June 19, 2010 Federal contractors and subcontractors are required to post the Employee rights Under The National Relations Act (NLRA) notice. The notice informs employees about their rights under the NLRA to form, join, and assist a union, and to bargain collectively with their employer. Depending on the contracts your business is engaged in with the federal government, other postings may be mandatory. E-verify postings are also required for federal contractors. The requirement to post the employee notice be included in Federal contracts and subcontracts.The goal stated by the Department of Labor is to ensure that workers employed in the private sector as a result of Federal government contracts are informed of their rights to engage in union activity and collective bargaining. "Knowledge of such basic statutory rights promotes stable labor-management relations, thus reducing costs to the Federal government".
The Genetic Information Nondiscrimination Act: (GINA)
December 20, 2009 by Butts
The revised EEOC posting which includes the new GINA laws has been released.
On November 21, 2009 the Genetic Information Non-Discrimination Act (GINA) will took effect. These laws prohibit the collection and use of employees genetic information to be used in workplace decisions such as hiring, firing, promotions, demotions, compensation, etc. We now have these postings included on our Federal and Combo posters.
Actions Specifically Prohibited Include:
1. Retaliation against employees exercising their rights under GINA
2. Discrimination using genetics based decisions with predisposition to certain illnesses in decisions of compensation, hiring, firing, promotions, etc.
3. The collection and disclosure of genetic information.
In short, GINA protects employees from having their DNA used against them, making personal genetics another protected class alongside of race, religion, creed, etc.
The EEOC began enforcing the new laws on November 21, 2009 and the new federal EEO posting is now available and is required.
2009 COBRA News
March 18, 2009 by Butts
Under the American Recovery and Reinvestment Act of 2009 (ARRA) a 65% reduction in COBRA premiums is provided for eligible persons for up to 9 months. Although the law went into effect February 17, 2009, regulations continue to be written and updates will follow.
To be eligible for the new COBRA allowances, an employee must have been eligible for COBRA continuation coverage any time between Sept. 1, 2008 and Dec. 31, 2009. Second, the employee must have elected COBRA coverage during the election period. Third, the employee must have a qualifying event for COBRA coverage such as the employee was involuntary terminated during the above time period. The employee must be laid off or fired and not voluntarily resign. Finally, only employers with 20 or more employees on group insurance plans must offer these provisions.
The COBRA subsidy, being one of the most noted parts of the American Recovery and Reinvestment Act (ARRA), allows the employee to pay just 35% of the usual COBRA premium. Employees that lose healthcare coverage due to employment termination will qualify for a 65% subsidy on continued group insurance coverage under the new COBRA regulations. For example: If a terminated, past employee of a company, when employed paid $800.00 for COBRA coverage, now under the ARRA subsidy, they would now pay just $280 and the employer would pay the remaining 65% of the premium or $520.
Under the ARRA, employers pay the healthcare premiums to the insurance company and the employer can deduct the 65% of the premium from payroll taxes. Labor Law Compliance Center carries a complete line of official COBRA postings in an effort to assist you in displaying this information to your employees.
Additional information may be obtained from the Department of Labor at http://www.dol.gov/ebsa/cobra.html .
Federal Posting Requirements for Employers
August 15, 2009 by Butts
Currently, there are 7 postings that make up the basic Federal Labor Law Poster. These postings are the Federal Minimum Wage, USERRA, Polygraph Protection, Equal Employment Opportunity, FMLA, FMLA Military Supplement, and the OSHA posting. Statutes and Regulations enforced by the Department of Labor require employers to post these notices in the workplace. It is important for employers to understand each of these notices as these regulations not only must be posted but followed as business practice.
The Minimum Wage Posting, also known as the Fair Labor Standards Act displays the minimum wage, overtime pay and child labor standards. The current posting displays a staged minimum wage. It shows the previous minimum wage, the current minimum wage of $6.55, and the future minimum wage of $7.25 beginning in July of 2009.
The USERRA or Uniformed Services Employment and Reemployment Act defines service members’ rights of reemployment upon return from uniformed services including The National Guard. In addition, USERRA also prohibits employers from discrimination based on military obligation or service.
The Employee Polygraph Protection Act (EPPA) prohibits many private employers from using lie detector tests either during employment or for screening of employment candidates. Generally employers are barred from discriminating against employees who refuse to submit to a polygraph test. Employers are required to post the EPPA poster in the workplace.
The Equal Employment Opportunity or (EEO) poster spells out discrimination that will not be tolerated for three types of employers. These are employers holding Federal Contracts, Private Employers, and Programs receiving Federal Financial Assistance. Types of discrimination covered include: race, age sex, disability, color, national origin and religion. The posting is equipped with contact information to report any complaints in these areas.
The Family Medical Leave Act or (FMLA) provides balance between employees work life and family life. Unpaid leave is allowed for certain medical and family reasons. Reasons for unpaid leave include birth or adoption care, immediate family member care, or an employee’s own health care. The FMLA was amended on January 28, 2008. Among other changes, the act will now permit up to 26 weeks of leave for members of the armed forces. A supplemental posting has been made available by the Department of Labor and a new permanent FMLA posting is expected to be released in mid 2008. This supplemental and temporary posting is called the FMLA Military Family Poster.
Finally, the Occupational Safety and Health Act (OSHA) was enacted to insure that employees have a safe and healthful work environment. States are also allowed to create their own state run safety programs as long as they are at least as effective as the federal program. Enforcement is carried out by OSHA. The poster spells out employees rights to safety as well as informs them of complaint filing information.
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