The Austin, Texas location of LandCare USA, LLC (the “Company”), a company providing landscaping services, recently entered into a conciliation agreement with the Office of Federal Contractor Compliance Programs (“OFCCP”) to settle claims that the Company had discriminated in its hiring of females, and non-Hispanic applicants in its Laborer job group.  The Company has agreed to pay $100,000 in back pay to 361 affected class members and also to offer employment to 45 eligible class members of whom 12 are white, 15 are black and 9 are female.

Notably, the Company is no longer a covered federal contractor or subcontractor.  To address this fact, certain of the terms of the conciliation agreement only apply if the Company becomes a covered contractor again in the future.  For example, the conciliation agreement states that if the Company becomes a covered contractor the Company will revise its hiring policies, practices and procedures for the Laborer position.

This is the second conciliation agreement that the Company has entered into with the OFCCP in recent months.  In October, the Las Vegas, Nevada location of the Company entered into a conciliation agreement with OFCCP.  In that agreement, it agreed to pay $161,899 in backpay for alleged discrimination against non-Hispanic applicants for the Laborer Non-Driver position.  The Company also agreed to offer employment to eligible class members until 29 class members were hired into the Laborer Non-Driver positions.

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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.