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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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
On October 10, 2017, the U.S. Office of Federal Contractor Compliance Programs (“OFCCP”) filed its first Complaint against a federal contractor since President Trump took office. The Complaint alleges that contractor Advance 2000 Inc. (the “Contractor”) violated a June 2015 conciliation agreement with OFCCP by failing to submit required progress reports and failing to respond to … Continue Reading
As we previously reported, the OFCCP announced in August that it would hold three “compliance assistance” town hall meetings. The first was held on September 19, 2017, at the Department of Labor’s Headquarters in Washington, D.C. Proskauer was at the meeting, which was attended by government contractor representatives from many different sectors of the economy, as … Continue Reading
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 … Continue Reading
As we previously reported, President Trump, as part of his Fiscal Year 2018 Budget request, proposed a merger of the Office of Federal Contractor Compliance Programs (“OFCCP”) and the Equal Employment Opportunity Commission (“EEOC”) to “promote greater efficiency and effectiveness.” In an August 24, 2017 letter, Acting Director of the OFCCP, Thomas Dowd, signaled a … Continue Reading
The Office of Management and Budget (“OMB”) has stayed the implementation of the new EEO-1 Form, which added compensation and hours worked components to the annual EEO-1 submission. The OMB’s decision was based in part on concerns about burdens the new form would place on employers and the questionable utility of the new information requirements. … Continue Reading
On August 16, 2017, OFCCP announced that, as part of its efforts to provide compliance assistance to federal contractors, it will be holding three town hall meetings. The meetings will be open to the public and held in Washington D.C., San Francisco, CA, and Chicago, IL. OFCCP explains that during the meetings, it wants “to … Continue Reading
On July 14, 2017, an Administrative Law Judge (“ALJ”) for the Department of Labor issued a Recommended Decision and Order (the “Opinion”) in the case brought by the Office of Federal Contractor Compliance Programs (“OFCCP”) against Google over Google’s refusal to turn over certain employee data as part of a compliance audit. The ALJ’s thorough … Continue Reading
As previously reported, the Trump Administration’s proposed budget for fiscal year 2018 includes a plan to merge the Office of Federal Contract Compliance Programs (“OFCCP”) into the Equal Employment Opportunity Commission (“EEOC”). Pragmatically, this would add the OFCCP’s broad responsibilities to an already overburdened EEOC, without providing the EEOC any additional funding to accomplish its … Continue Reading
On May 23, 2017, the Trump Administration released its proposed fiscal year 2018 budget. Not surprisingly, the budget proposes significant changes for the Office of Federal Contract Compliance Programs (“OFCCP”). In the Department of Labor’s budget proposal, the Administration has laid the groundwork to merge the OFCCP into the Equal Employment Opportunity Commission (“EEOC”) by … Continue Reading
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
OFCCP Files Its First Complaint Against A Federal Contractor During the Trump Administration
By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in OFCCP
OFCCP Holds First of Three Compliance Assistance Town Hall Meetings
By Guy Brenner on Posted in OFCCP
Department Of Labor Challenges ALJ’s Decision On Google’s Obligation To Respond To OFCCP Data Requests
By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Discrimination, OFCCP
Trump Administration Signals Delay in Merger of EEOC and OFCCP
By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in EEOC, OFCCP
BREAKING NEWS: New EEO-1 Form Put On Hold; Employers Have Until March 31, 2018 To Submit Prior Version Of EEO-1 Form
By Connie Bertram and Guy Brenner on Posted in EEOC
OFCCP Announces “Compliance Assistance” Town Hall Meetings
By Connie Bertram and Guy Brenner on Posted in Federal Contractors, OFCCP
Google Prevails, In Part (And For Now), In Compensation Data Dispute With OFCCP
By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Discrimination, OFCCP
Labor Secretary Defends OFCCP-EEOC Merger
By Connie Bertram, Guy Brenner and Amy Blackwood on Posted in OFCCP
Trump Administration’s Budget Proposes Major Changes For OFCCP
By Connie Bertram, Guy Brenner and Ryan Hutzler on Posted in Department of Labor, OFCCP
