Government Contractor Compliance & Regulatory Update
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Guy Brenner

Partner

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 and is 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. 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.

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OFCCP Moves One Step Closer To AAP Verification

In a step toward implementation of OFCCP’s Affirmative Action Program (“AAP”) Verification Initiative, the Office of Management and Budget (OMB) approved an Affirmative Action Program Verification Interface (AAP-VI) that OFCCP developed for federal contractors to submit AAPs. Although the verification program has not yet launched, and details are scarce, the OFCCP already has an AAP-VI … Continue Reading

Federal Government Issues New Guidance on Vaccination Requirements for Contractors

As previously reported, the Biden Administration issued an executive order on September 9, 2021 setting forth new COVID-19 safety protocols for certain federal contractors (the “Executive Order”). The Safer Federal Workforce Task Force (the “Task Force”) is tasked with developing the COVID-19 safety requirements that covered contractors and subcontractors will be required to follow. The … Continue Reading

Government Contractor Employees To Be Subject To Mandatory Vaccine Requirements

On September 9, 2021, the Biden Administration announced a host of vaccine-related initiatives, reported on here. One of those initiatives is an Executive Order which requires contractors to implement the guidance to be published by the Safer Federal Workforce Task Force (the “Task Force”) in “any workplace locations (as specified by the Task Force Guidance) … Continue Reading

New Census Data Available for Development of AAPs

On September 3, 2021, OFCCP issued a notice requiring federal contractors to use the recently released 2014-2018 Equal Employment Opportunity Tabulation (“2018 EEO Tab”) to develop any Affirmative Action Programs (“AAPs”) that commence on or after January 1, 2022. The 2018 EEO Tab was released earlier this year by the U.S. Census Bureau. It replaces … Continue Reading

OFCCP to Reconsider Use of EEO -1 Component 2 Data

OFCCP announced on September 1, 2021 that it plans to rescind a November 2019 notice regarding EEO-1 Component 2 data. EEO-1 Component 2 data was required to be submitted in 2019, and consists of aggregated employee wage and hours worked data, categorized by EEO-1 classification, race, ethnicity, and sex. The 2019 notice provided OFCCP would … Continue Reading

OFCCP Announces More Audits– Was Your Company Selected?

On September 1, 2021, OFCCP announced the release of a new Corporate Scheduling Announcement List (CSAL). The list consists of 400 federal construction contractors, federally assisted contractors and subcontractors.  Note that the list merely notifies these construction contractors that they will be audited in the future, which gives them time to prepare. Construction contractors are advised to … Continue Reading

President Biden Requires Contractor Employees Be Fully Vaccinated (or Face Regular Testing)

On July 29, 2021, President Biden announced that “to help protect workers and their communities,” all employees of federal contractors working onsite at government facilities will be asked to “attest to their vaccination status.”  Those who do not attest to being fully vaccinated will be required to:  (1) wear a mask on the job; (2) … Continue Reading

DOL Issues Proposed Rule on Raising Minimum Wage to $15 per Hour for Federal Contractor Employees

Quick Hit On July 21, 2021, the Department of Labor (“DOL”) announced a proposed rule (the “Proposed Rule”) to implement President Biden’s Executive Order (the “Order”) requiring an increase of the minimum wage for certain employees of covered federal contractors and subcontractors to $15.00 per hour – except for tipped workers who must be paid … Continue Reading

OFCCP Announces The First New Audits of the Biden Administration – Was Your Company On It?

On July 1, 2021, OFCCP announced the release of the first Corporate Scheduling Announcement List (CSAL). The list consists of 750 Supply and Service establishment-based full compliance reviews, Corporate Management Compliance Evaluations (CMCE), Functional Affirmative Action Program (FAAP) Reviews and University Reviews.  Note that the list merely notifies contractors that they will be audited in … Continue Reading

President Biden Issues Executive Order Increasing Minimum Wage for Federal Contractor Employees to $15/Hour

On April 27, 2021, President Biden issued an Executive Order that will increase the minimum wage for certain employees of covered federal contractors and subcontractors to $15.00 per hour, with annual increases beginning in 2023 to account for inflation.  The Executive Order builds upon President Obama’s 2014 Executive Order requiring federal contractors to pay employees … Continue Reading

OFCCP Releases 2021 VEVRAA Hiring Benchmark

The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2021 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark.  Effective March 31, 2021, the new benchmark is 5.6%, a slight decrease from 2020’s 5.7% benchmark.  This is OFCCP’s sixth reduction of the benchmark, which has steadily declined since its inception in 2014. The VEVRAA … Continue Reading

OFCCP Effectively Ends Focused Reviews, Cancelling Those on FY2020 CSAL

On March 2, 2021, OFCCP announced it had amended the FY2020 Supply and Service Corporate Scheduling Announcement List (“CSAL”) issued on September 11, 2020. The amendments removed all establishments selected to receive focused reviews and compliance checks. In so doing, OFCCP removed over half of the 2,500 compliance evaluations included on the list. The amended … Continue Reading

OFCCP Announces Response to Revocation of Executive Order Limiting Diversity Trainings

As we previously reported, shortly after taking office, President Biden revoked the controversial Combatting Race and Sex Stereotyping Executive Order (the “Order”) as part of a new Executive Order focusing on “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.”  The new Order notes that “[i]t is . . . the policy … Continue Reading

Jenny Yang Will Be The Next OFCCP Director

As previously reported, the new Biden Administration is wasting no time in making changes impacting the government contractor community.  This now includes changing leadership at the OFCCP.  As was anticipated, and is now reflected on the agency’s website, Jenny Yang, who served as EEOC Chair during the Obama Administration, has been selected for the OFCCP … Continue Reading

President Biden Revokes Controversial Executive Order Limiting Contactor Diversity Trainings Shortly After Taking Office

As predicted, just hours after taking office, President Biden revoked the controversial Combatting Race and Sex Stereotyping Executive Order (the “Order”) issued by his predecessor in September.  As previously reported, the Order, among other things, required new contracts entered into with the federal government to include a clause prohibiting federal contractors from including certain concepts … Continue Reading

OFCCP Publishes Opinion Letter on Protections for Religious Liberty in (and out of) the Workplace

On January 8, 2020, the Office of Federal Contract Compliance Programs (“OFCCP”) published an opinion letter responding to an unidentified religious organization’s request for clarification on the “scope of the legal protections for religious liberty in the workplace.” The organization’s request stemmed from its concern that “employees in the technology, education, public, and other sectors … Continue Reading

OFCCP Proposes Accommodations and Promotions Focused Review Scheduling Letters

As we previously reported, when OFCCP released its latest Corporate Scheduling Announcement List (“CSAL”) in September 2020, it identified contractors selected for the agency’s new reviews focused on promotions and accommodations.  Little was known about the reviews, although the agency provided some additional detail later that month when it launched two websites devoted to the … Continue Reading

Join Our Annual OFCCP Year-in-Review Webinar

On Thursday, January 7, 2021, we will host our annual webinar, reviewing the significant Office of Federal Contract Compliance Programs (OFCCP) developments from last year and looking forward to what federal contractors can expect from the OFCCP in 2021. Partner Guy Brenner and labor economist Dr. Rick Holt, a Partner at Resolution Economics, will address … Continue Reading

Court Enjoins Enforcement of Combatting Race and Sex Stereotyping Executive Order for Federal Contractors and Grantees

Quick Hit: On December 22, 2020, a federal judge issued a nationwide preliminary injunction enjoining sections of President Trump’s recent “Combatting Race and Sex Stereotyping” Executive Order (the “Executive Order”) that limit government contractors’ anti-discrimination and diversity trainings.  The injunction prohibits the Defendants from enforcing the Executive Order as it pertains to federal government contractors … Continue Reading

OFCCP Issues Certainty Directive

Quick Hit:  On December 15, 2020, OFCCP announced the release of Directive 2021-02, Certainty in OFCCP Policies and Practices (the “Directive”).  The Directive generally “reaffirms” a number of certainty initiatives previously announced in agency publications, such as timely and efficient progress of compliance evaluations, professional conduct by OFCCP staff, and neutral scheduling of compliance evaluations.  … Continue Reading

OFCCP New Rule On Procedures for Resolving Alleged Findings of Discrimination Goes Into Effect December 10, 2020

Quick Hit:  OFCCP has published its final rule codifying the process by which it determines and notifies contractors of findings of discrimination.  The rule, which goes into effect on December 10, 2020, adds significant detail regarding the evidence on which OFCCP must base such findings and what must be communicated to contractors when OFCCP seeks … Continue Reading

Department of Labor Issues Final Rule “Clarifying” The Religious Entity Exemption

Quick Hit: On December 7, 2020, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued its final rule enhancing the religious exemption for federal government contractors already contained in its regulations (the “Rule”).  The Rule, through the addition of definitions, adds detail to and arguably expands the already existing exemption on religious … Continue Reading

LGBT Advocacy Groups File Lawsuit Challenging President Trump’s Executive Order on Diversity Trainings

Quick Hit: On November 2, 2020, LGBT advocacy groups filed the second challenge to President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”).  Like the first lawsuit, this lawsuit alleges that the Order violates the First and Fifth Amendments by infringing on the Constitution’s guarantees of Free Speech and Due Process.  Additionally, this Complaint … Continue Reading

Civil Rights Groups File Challenge to President Trump’s Executive Order on Diversity Trainings

Quick Hit: On October 29, 2020, civil rights groups filed a lawsuit challenging President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”).  The Complaint alleges that the Order violates the First and Fifth Amendments by infringing on the Constitution’s guarantees of Free Speech, Equal Protection, and Due Process.  The Complaint also alleges … Continue Reading
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