OFCCP Publishes Compliance Verification Procedures for Contractor Notice Posting Requirements

The Office of Federal Contract Compliance Programs (OFCCP) has issued a directive on its verification procedures under Executive Order (E.O.) 13496, Notification of Employee Rights under Federal Labor Laws. (pdf) This E.O. mandates that all government contracting departments and agencies include a provision in government contracts covered by the order stipulating that contractors and subcontractors post a notice “in all places where notices to employees are customarily posted both physically and electronically,” informing them of their rights under the National Labor Relations Act (NLRA). The Department of Labor’s Office of Labor Management Standards (OLMS) published a final rule (pdf) implementing this E.O. last month. The OFCCP is responsible for investigating complaints, performing compliance evaluations, conciliating compliance issues, and referring violations to the OLMS for enforcement. The directive published online this week outlines the processes and procedures it will use to perform these tasks.

Specifically, as explained in the OFCCP document, Section A of the directive provides details about the posting and contract clause requirements for non-exempt federal contractors. Section B outlines OFCCP procedures for conducting compliance verifications, including the issuance of a contractor notice of onsite evaluation; performance of an onsite evaluation; conciliation; reporting of the auditor’s findings; closing of the compliance verification process for the reviewed contractor; and referral of the matter to the OLMS for further enforcement in the event the contractor fails to take corrective action. The OLMS is responsible for taking any necessary administrative enforcement action and/or imposing any penalties and remedies for noncompliance with E.O. 13496. Section C of the directive specifies the procedures for investigating complaints of contractor noncompliance. Finally, Section D provides details on the provision of compliance assistance.

The OFCCP directive also includes a number of attachments providing sample documents such as a notice of receipt of an E.O. 13496 complaint; sample closure letter; notice of a complaint referral to the OLMS; an E.O. 13496 technical assistance letter; and the text of E.O. 13496 itself.

For more information on the notification requirements mandated by E.O. 13496, see Littler's ASAP: DOL Issues Final Rule on Notification by Federal Contractors of Employee Labor Law Rights by David Goldstein and Jay Sumner.

In addition, Littler will be conducting a webinar on this topic on Monday, June 21.