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OFCCP Sued by Manufacturers Association

Cara Yates Crotty
Constangy, Brooks & Smith, LLP - Columbia Office

February 6, 2014

Previously published on January 24, 2014

The National Association of Manufacturers and one of its affiliates has filed a lawsuit against the U.S. Deparment of Labor and the OFCCP, challenging the requirement that federal contractors post a notice informing employees of their rights under the National Labor Relations Act. The plaintiffs contend that the requirement exceeds the agencies' authority and violates contractors' rights under the First Amendment to the U.S. Constitution. As you will recall, President Obama issued Executive Order 13496 in 2009, requiring federal contractors to prominently post a notice informing employees of their right to organize, picket, and strike, among other things.

The National Labor Relations Board recently abandoned its efforts to require a similar posting by all employees covered by the NLRA, after courts struck down the rule on the same grounds asserted by the Manufacturers in their OFCCP lawsuit.

Because the NLRA covers much more than federal contractors, it is prudent for contractors to continue posting the OFCCP notice until there is a court ruling in the Manufacturers' suit. We will keep you up to date on this issue.


The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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