On July 1, 2016, the Office of Federal Contractor Compliance Programs (“OFCCP”) announced that it had renewed its Scheduling Letter and Itemized Listing for use during compliance investigations.  The renewal lasts for three years.  In announcing the renewal, the OFCCP noted that it made certain “clarifying edits,” designed to “ensure contractors understand the information being requested and to strengthen the agency’s assurances of confidentiality for the information provided.”

Most of the changes to the scheduling letter are not substantive.  However, the new letter contains a notable change regarding OFCCP’s treatment of information provided by contractors to the agency during compliance reviews.

The prior scheduling letter described the agency’s view that the information requested was “sensitive and confidential” and would be treated as such.  However, in the renewed letter, the OFCCP removed this language, stating instead that the OFCCP “may use the information you provide during a compliance evaluation in an enforcement action.  We may also share that information with other enforcement agencies within DOL, as well as with other federal civil rights enforcement agencies with which we have information sharing agreements.  Finally, the public may seek disclosure of the information you provide during a compliance evaluation.”

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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.