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Labor Related Executive Orders President Obama recently issued three Executive Orders (EO) that will have a significant impact on federal contractors and subcontractors. They also provide a glimpse into his views about organized labor.  In a prior blog I wrote about the Employee Free Choice Act (EFCA). I think these Orders should be seen as a step moving closer to passage of the EFCA. You can review my article on the EFCA at my blog: www.humanresources4u.com/blog 

The first EO is:

Economy in Government Contracting: Under this Executive Order, costs incurred by an employer to advise or persuade employees concerning the exercise of their labor rights are disallowed expenses for federal contractors, effective immediately. The second EO is:

Nondisplacement of Qualified Workers under Service Contracts: When a service contract expires and a subsequent Contractor is awarded the contract to perform the same service, the new Contractor was free to hire the predecessorâ??s employees, a new workforce, or a combination of both. Under this Executive Order, the subsequent employer must now offer the employees of the predecessor employer jobs for which they are qualified. The employer must hold the jobs open for at least 10 days. After that, the employer may hire new employees. This is a clear reversal of President Bushâ??s Executive Order 13201  The third EO is:

Notification of Employee Rights under Federal Labor Laws: This Executive Order requires federal Contractors and their subcontractors to post a notice advising employees of their rights under federal labor law. The language of the required posting notice is yet to be determined, but it is expected to include topics such as the right to organize, the right to engage in collective bargaining, and other rights under the National Labor Relations Act. A Contractor that violates the terms of the notice or any related rules issued by the Secretary of Labor is subject to termination of the contract and possible debarment from future government contracts. This is a clear reversal of President Bushâ??s Executive Order 13204. 

I-9 Update

The U.S. Citizenship and Immigration Services (USCIS) announced that it has delayed by 60 days, until April 3, 2009, the effective date for using the revised Form I-9, originally scheduled to go into effect today.  Please note:  Employers who use the new form prior to the April 3, 2009 effective date are subject to civil monetary penalties.   

Important Dates for HR compliance

• February 1 is the date that your OSHA 300A log needs to be posted if you are subject to OSHA recordkeeping
• February 2 is the date that you must start using the new I-9 forms
• May 21 is the new date for Federal Contactors to start using E-Verify
•  January 29 is the date the President signed the Ledbetter Fair Pay Act
  • The Act will require employers to ensure that their pay practices are non-discriminatory and to make certain that they keep the records needed to prove the fairness of their pay decisions. There is a lot in this act and I will post a more detailed description of it in a later blog. 

Human Resources 4U is a full service Human Resources consulting company specializing in small and midsize businesses.  Note: This article is presented with the understanding that we are not engaged in rendering legal advice.  If legal advice is required, the services of a competent attorney should be sought.