Photo of 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.

On June 7, 2024, OFCCP released its latest Corporate Scheduling Announcement List (CSAL). The list identifies 500 supply and service contractors and subcontractors selected for a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation, Functional Affirmative Action Program Review, or University Review. Note that the list merely notifies contractors that

The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2024 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark.  Effective March 31, 2024, the new benchmark is 5.2%, a slight decrease from 2023’s 5.4% benchmark.  This is OFCCP’s ninth reduction of the benchmark, which has steadily declined since its

On March 25, 2024, the U.S. Department of Labor (“DOL”) announced that its Contractor Portal will open to receive Affirmative Action Program (“AAP”) certification submissions on April 1, 2024.  Certifications must be made by July 1, 2024.

Since launching the Contractor Portal in 2022, OFCCP has required covered federal contractors

            On January 29, 2024, the 15th anniversary of the enactment of the Lilly Ledbetter Fair Pay Act, the Biden Administration announced that it would be taking new actions to implement the Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency issued

On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “EO”), the first executive order directly addressing artificial intelligence.

Of particular interest to federal government contractors, the EO provides that within 365 days of publication

We appear to be on the precipice of another federal government shutdown.  Absent a political compromise, the federal government’s funding will run out on September 30, 2023.  During previous government shutdowns, government agencies and departments issued stop-work orders, grinding work on government projects and contracts to a halt.  Contractors were

As we previously posted, federal contractors and subcontractors meeting the VEVRAA eligibility threshold (“Covered Contractors”) have until September 30, 2023 to file their VETS-4212 Reports.

Covered Contractors are “recommend[ed]” to file the form electronically, but they can email or physically mail a paper form to the DOL. Federal contracting

On September 8, 2023, OFCCP announced it posted a new Corporate Scheduling Announcement List (CSAL) for supply and service contractors. OFCCP announced that the list consists of 1,000 federal contractors and subcontractors selected for a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation, Functional Affirmative Action Program Review or a

Updated: September 2, 2023.

On August 25, 2023, OFCCP announced the implementation of its revised Combined Scheduling Letter and Itemized Listing, which “applies to supply and service compliance evaluations scheduled on or after August 24, 2023.”  The documents are provided to contractors at the outset of OFCCP audits