Employee Complaint Rights: Update on Executive Order 13496 Compliance

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 distribute “Know Your Rights” cards to educate employees of their rights.

Now, the DOL is seeking an extension of the approval to collect information related to E.O. 13496. According to the DOL, “An extension is necessary because if this information collection is not conducted, E.O. 13496 could not be enforced through the complaint procedure.” The information collection request was last approved in 2022.

The Office of Labor-Management Standards (OLMS) administers the enforcement provisions of E.O. 13496, while the Office of Federal Contract Compliance Programs (OFCCP) handles compliance evaluations and investigations. The Federal Register notice continues to designate OFCCP as the primary enforcement body for complaints under E.O. 13496, even though the Trump administration has reduced OFCCP’s staff by approximately 90 percent.

The notice-and-comment deadline is July 15, 2025. Comments on this renewal request will be summarized and included in the request for Office of Management and Budget (OMB) approval. The DOL seeks authorization for this information collection for three years.

Ogletree Deakins’ Government Contracting and Reporting Practice Group will continue to monitor developments and will provide updates on the Government Contracting and Reporting blog as additional information becomes available.

Follow and Subscribe
LinkedIn | Instagram | Webinars | Podcasts