Guy Brenner
Partner
Guy Brenner is a partner in the Labor & Employment Law Department and co-head of the Non-Compete & Trade Secrets 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.
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The Office of Federal Contractor Compliance Programs (“OFCCP”) is seeking approval to change its Functional Affirmative Action Program (“FAAP”) requirements. The proposed directive, for which comments are due by November 13, 2018, proposes sweeping changes to the current FAAP directive, with the stated aim of encouraging contractors to use FAAPs.… Continue Reading
The Office of Federal Contractor Compliance Programs (“OFCCP”) has announced though Directive 2018-06 (the “Directive”) the development of a Contractor Recognition Program, which aims to “recognize contractors with high-quality and high-performing compliance programs and initiatives.” The Contractor Recognition Program arises out of feedback the OFCCP received from the contracting community in 2017 and 2018. While the … Continue Reading
Quick Hit: OFCCP has announced its intention to create an Ombud Service. The new service will create a new position within the OFCCP, the “Ombud,” who will serve as a contact for contractors seeking to raise concerns or suggestions about OFCCP. Key Takeaways: The Ombud Service represents another example of OFCCP working to implement initiatives … Continue Reading
Quick Hit: OFCCP has issued Directive 2018-08 (the “Directive”) which sets forth new policies and procedures for OFCCP compliance evaluations. The Directive contains numerous specific rules and procedures that compliance officers must follow at every phase of a compliance evaluation. Key Takeaways: The Directive provides contractors a better sense of what they can expect during … Continue Reading
Quick Hit: OFCCP has issued a new Directive (Directive 2018-07), announcing its intention to develop an Affirmative Action Program Verification Initiative (the “Verification Initiative”). The Directive only notifies the contractor community that the program is in the works – for now, nothing has changed. However, the Directive shares that the program will, among other things, include … Continue Reading
The Office of Federal Contract Compliance Programs (“OFCCP”) has announced that it has launched a new resource for federal government contractors called the “Contracting Officer Corner.” OFCCP touts the new website as constituting “a central repository of resources, including a new pre-award process guide and downloadable workplace posters, for both federal agency contracting officials and federal … Continue Reading
At his closing remarks at the National Industry Liaison Group’s 2018 annual conference, Acting OFCCP Director Craig Leen announced that the OFCCP is working on a contractor certification program. Although light on details, Acting Director Leen forecast a system where contractors that did not certify compliance with their affirmative action obligations would be targeted for … Continue Reading
On August 10, 2018, OFCCP Acting Director Craig Leen issued Directive 2018-03 (the “Directive”), the purpose of which is to “incorporate recent developments in the law regarding religion-exercising organizations and individuals.” Most of the Directive addresses OFCCP’s regulations regarding protection from discrimination on the basis of religion and recent Executive Orders and court decisions that … Continue Reading
As we previously reported , Acting OFCCP Director Craig Leen, made news at the National Industry Liaison Group annual conference last week when he announced that OFCCP would begin focused reviews of contractors. Just one week later, on August 10, 2018, OFCCP issued Directive 2018-04 (the “Directive”), directing that a portion of future scheduling lists include … Continue Reading
On August 2, 2018, during an impassioned speech at the National Industry Liaison Group’s annual conference in Anaheim, California, OFCCP Acting Director Craig Leen announced that the agency will bring back “focused reviews” looking at contractors’ Section 503 compliance. He made his remarks during the “Leading Practices in Disability Inclusion” break out session at the … Continue Reading
On August 2, 2018, OFCCP issued a new publication entitled “What Contractors Can Expect .” The publication coincided with OFCCP Acting Director Craig Leen’s well-received presentation at the National Industry Liason Group’s national conference in Anaheim, California, where Proskauer partners Connie Bertram and Guy Brenner are in attendance. OFCCP had promised the “What Contractors Can Expect” … Continue Reading
Ondray T. Harris, Director of the Office of Federal Contractor Compliance Programs (“OFCCP”), resigned on July 27, 2018. No public explanation for his resignation has been provided, which came only eight months after he assumed the position. Reports indicate that Craig Leen, Senior Advisor to the OFCCP, will step into the role as Acting Director … Continue Reading
On May 1, 2018, the OFCCP issued a Town Hall Action Plan (the “Plan”). The Plan is the result of OFCCP’s “town hall meetings” held in late 2017 and early 2018 , which were conducted in order to address the findings of the Government Accounting Office’s September 2016 review of the agency . The Plan identifies “three … Continue Reading
On March 30, 2018, the Office of Federal Contract Compliance Programs (“OFCCP”) released its 2018 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) Benchmark. Effective March 31, 2018, the new benchmark is 6.4%, slightly lower than the previous year’s 6.7% benchmark. This is OFCCP’s fourth reduction of the benchmark, which has steadily declined since its inception in 2014. The … Continue Reading
This week, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that it will be sending a survey to federal contractors in an effort to “continue improving communication, transparency, and timeliness during [its] compliance evaluations.” OFCCP’s survey appears to be the latest effort by the agency to establish a more cooperative relationship with the government … Continue Reading
Earlier this week, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that it entered into a conciliation agreement with Humana Inc. (“Humana”) to resolve allegations that Humana paid hundreds of women at its Louisville, Kentucky headquarters less than their male coworkers. OFCCP asserts that in 2011 and 2012, Humana paid 753 women in consulting, … Continue Reading
Since the beginning of the Trump Administration, federal contractors have been waiting to see what changes the new administration would make to the Office of Federal Contract Compliance Programs (“OFCCP”). Thus far, the greatest change has been more style than substance, with OFCCP officials expressing a desire to have a better relationship with the government … Continue Reading
On February 12, 2018, the Trump Administration released its proposed fiscal year 2019 budget. As it did last year, the budget proposes significant cuts to the funds allocated to OFCCP. The proposed budget allocates to OFCCP just over $91 million, a decrease of nearly $12.7 million (or 12.5%). The budget also seeks to cut OFCCP’s … Continue Reading
Yesterday, the 2017 EEO-1 Survey became available. Government contractors or subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more must file EEO-1 reports by March 31, 2018. Please read our post on Law and the Workplace for more details on this year’s reporting requirements.… Continue Reading
Once again, a government shutdown seems inevitable. During previous government shutdowns, government agencies and departments issued stop-work orders, grinding work on government projects and contracts to a halt. Contractors were then faced with the difficult task of remaining in compliance with their obligations to their employees while work and funding for those contracts has ceased. … Continue Reading
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 … Continue Reading
Two weeks after reports emerged that a new director of the Office of Federal Contractor Compliance Programs (“OFCCP”) had been appointed, according to the OFCCP’s website, Ondray T. Harris has been appointed as the next director of the OFCCP. The OFCCP’s website lists former Acting Director Thomas Dowd as the Deputy Director of the agency, … Continue Reading
As we previously reported, various media outlets reported earlier this month that Coral Gables City Attorney, Craig Leen, would be appointed Director of the Office of Federal Contractor Compliance Programs (“OFCCP”). These reports came amid silence by the Trump administration as to the anticipated appointment. Since our last post, the confusion over Mr. Leen’s role … Continue Reading
According to multiple sources, on November 13, 2017, Craig E. Leen, was appointed the new Director of the Office of Federal Contractor Compliance Programs (“OFCCP”). Mr. Leen has been the City Attorney for Coral Gables, Florida since 2011. He has also served as an adjunct professor of law for universities in Florida. If the published … Continue Reading
OFCCP Proposes New FAAP Directive
By Guy Brenner and Alex Weinstein on Posted in Affirmative Action Plan (AAP), OFCCP
OFCCP Announces Contractor Recognition Program
By Guy Brenner and Alex Weinstein on Posted in OFCCP
OFCCP Issues Directive Announcing Ombud Service
By Guy Brenner on Posted in OFCCP
OFCCP Issues New Directive Addressing “Transparency In OFCCP Compliance Activities”
By Guy Brenner on Posted in OFCCP
OFCCP Issues Directive Announcing “Affirmative Action Program Verification Initiative”
By Guy Brenner and Alex Weinstein on Posted in OFCCP
OFCCP Launches New Resource For Contractors
By Guy Brenner on Posted in OFCCP
OFCCP Acting Director Leen Announces New Contractor Certification Program
By Connie Bertram and Guy Brenner on Posted in OFCCP
Breaking News: OFCCP Issues New Directive Instructing Staff to Respect Contractors’ Religious Beliefs in Enforcing Executive Order 11246
By Connie Bertram and Guy Brenner on Posted in OFCCP
Breaking News: OFCCP Issues New Directive Ordering Focused Compliance Evaluations
By Connie Bertram and Guy Brenner on Posted in OFCCP
Breaking News From The ILG Conference: OFCCP To Bring Back Focused Section 503 Reviews
By Connie Bertram and Guy Brenner on Posted in OFCCP
OFCCP Issues “What Contractors Can Expect” Guidance
By Connie Bertram and Guy Brenner on Posted in OFCCP
OFCCP Director Resigns
By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in OFCCP
OFCCP Issues “Town Hall Action Plan” Announcing Three Initiatives
By Guy Brenner and Connie Bertram on Posted in OFCCP
OFCCP Announces 2018 Veteran Hiring Benchmark
By Connie Bertram, Guy Brenner and Emilie Adams on Posted in OFCCP, Veterans
OFCCP Announces New Compliance Evaluation Experience Survey
By Connie Bertram, Guy Brenner and Emilie Adams on Posted in OFCCP
Humana Settles Pay Bias Claims for $2.5 Million
By Connie Bertram, Guy Brenner and Emilie Adams on Posted in Compensation, OFCCP
OFCCP ISSUES FIRST DIRECTIVE UNDER TRUMP ADMINISTRATION
By Connie Bertram, Guy Brenner and Emilie Adams on Posted in Federal Contractors, OFCCP
Trump Administration Proposes Cuts To OFCCP Budget
By Connie Bertram, Guy Brenner and Emilie Adams on Posted in OFCCP
2017 EEO-1 Reports Now Available For Submission
By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in EEOC, Federal Contractors
POTENTIAL GOVERNMENT SHUTDOWN – What Every Government Contractor Needs To Know
By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Contractors, Labor Law
OFCCP Settles Hiring Discrimination Case with LandCare USA, LLC
By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Federal Contractors, OFCCP
OFCCP Appoints New Director (Not Craig Leen)
By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Contractors, OFCCP
Reports: Craig Leen’s Appointment As OFCCP Director Remains Uncertain
By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Contractors, OFCCP
Reports: New OFCCP Director Appointed
By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, OFCCP
