Federal contractors and subcontractors meeting the VEVRAA eligibility threshold of having 50 or more employees and at least one federal contract totaling $150,000 or more (“Covered Contractors”) must annually file a VETS-4212 Report. The VETS-4212 filing period is now open, and contractors have until September 30, 2023 to submit their
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 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.
FAR Council Bans TikTok from Federal Contractor Devices
On June 2, 2023, the Federal Acquisition Regulation (FAR) Council published an interim rule which requires contracting officers to insert a new clause – FAR 52.204-27 – in solicitations after June 2, 2023 or when exercising an option or modifying an existing task or delivery order after that date.
The…
Reminder: Contractors Must Begin Using Updated Voluntary Self-ID Form by July 25
As we previously reported, OFCCP’s updated Voluntary Self-Identification of Disability Form (CC-305) was approved by the Office of Management and Budget (OMB) in April 2023. Form CC-305 was updated to include “the preferred language for disabilities and… additional examples of disabilities.” Federal contractors and subcontractors (“Contractors”) must begin using…
Reminder: Deadline for Contractors To Certify AAP Compliance is June 29, 2023
As we previously reported, federal contractors and subcontractors (“Contractors”) have until June 29, 2023 to certify the status of their Affirmative Action Programs (“AAPs”) with the OFCCP Contractor Portal. Specifically, covered Contractors are asked to certify, on an annual basis, whether they have met their obligation “to develop…
OFCCP Announces Audits for Construction Contractors
On June 5, 2023, OFCCP released its Corporate Scheduling Announcement List (CSAL) for construction contractors. The list identifies 250 construction contractors selected for compliance evaluation. As OFCCP states in its announcement regarding the new CSAL, the list is a “courtesy notification” to contractors selected for evaluation, and the review will…
Federal Contractor Vaccine Mandate Will End on May 12
On May 1, the Biden Administration announced that the federal contractor and subcontractor (“Contractor”) vaccine mandate (the “Contractor Vaccine Requirement”) issued by the Safer Federal Workforce Task Force (the “Task Force”) in response to President Biden’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors will officially end…
OFCCP Revised Voluntary Self-Identification of Disability Form Approved
On April 25, 2023, the Office of Management and Budget (OMB) approved OFCCP’s revised Voluntary Self-Identification of Disability Form (CC-305). OFCCP states the form was revised in order to “update the preferred language for disabilities and to include additional examples of disabilities.”
For example, the prior version of the form…
OFCCP Publishes Non-Objecting Contractors’ EEO-1 Data And Provides Details Of Its Review Of Pending Objections
On April 17, 2023, after giving federal contractors and subcontractors (“Contractors”) several opportunities to submit objections, OFCCP published EEO-1 data for Contractors that “either affirmatively agreed to, or did not object to, the release of their EEO-1 data.” As we previously reported, OFCCP had received a Freedom of Information…
OFCCP Proposes Revised Scheduling Letter and Itemized Listing
As we previously reported, OFCCP is seeking reauthorization of a revised Compliance Review Scheduling Letter (“Scheduling Letter”) and Itemized Listing. The Scheduling Letter and Itemized are issued by OFCCP at the outset of an audit and request multiple categories of documents from federal contractors selected for audit. A detailed…
OFCCP Releases 2023 VEVRAA Hiring Benchmark
The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2023 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark. Effective March 31, 2023, the new benchmark is 5.4%, a slight decrease from 2022’s 5.5% benchmark. This is OFCCP’s eighth reduction of the benchmark, which has steadily declined since its…