In July, we reported that an Administrative Law Judge (“ALJ”) had ruled on OFCCP’s dispute with Google over the tech giant’s refusal to turn over certain documents in connection with a routine audit of Google’s headquarters. In his Recommended Decision and Order, the ALJ narrowed the scope of what OFCCP could request from Google without identifying additional justification for the information requested. Our prior post on the decision can be found here.

On August 23, 2017, the Department of Labor (“DOL”) filed an appeal  of the ALJ’s decision with the Administrative Review Board (“ARB”). In its filing, the DOL contends that the ALJ failed to “apply the proper Fourth Amendment standard,” and that Google should be ordered to “fully comply with [the] OFCCP’s information requests, which include: employee-level compensation data from 2014, full salary and job history information for those employees listed in the 2014 dataset, and names and contact information for employees listed in the compensation data request.”

The DOL’s arguments reflect an effort to maximize its ability to obtain information from government contractors during compliance audits. In essence, the DOL contends that the ALJ applied too high of a relevance standard in assessing the reasonableness of OFCCP’s requests, and too low of a burden standard when balancing the government’s need for information with the hardship its demands would place on the government contractor. The DOL argues that when the proper standards are applied, all of the information sought by OFCCP from Google should be produced.

Google will have a chance to respond to the arguments made by the DOL prior to a ruling by the ARB. We will continue to report on this case as developments warrant.

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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.