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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Quick Hit: OFCCP’s new Directive 2019-02 sets forth Early Resolution Procedures (“ERP”) to resolve violations discovered during a desk audit of contractors with multiple establishments. OFCCP touts that “ERP allows OFCCP and contractors with multiple establishments to cooperatively develop corporate-wide compliance with OFCCP’s requirements.” Contractors who successfully resolve violations through ERP will be spared full scale … Continue Reading
Quick Hit: Office of Federal Contractor Compliance Programs (“OFCCP”) has issued Directive 2019-01 (the “Directive”), which rescinds Directive 2011-01 which established OFCCP’s now-defunct Active Case Enforcement or “ACE” policy. Through ACE, OFCCP conducted fewer but more intensive compliance evaluations of government contractors. In issuing the Directive, OFCCP is formally ending ACE, while adopting an approach … Continue Reading
Quick Hit: The Office of Federal Contractor Compliance Programs (“OFCCP”) issued Directive 2019-03 (the “Directive”), which announces two steps the agency will take to enhance compliance assistance for contractors. OFCCP will now make “certain Help Desk inquires and responses dynamically available and searchable as a self‐service option on OFCCP’s website.” OFCCP will also begin using … Continue Reading
Quick Hit: The Office of Federal Contractor Compliance Programs (“OFCCP”) is seeking to establish two new contractor recognition programs, which would promote contractors with sound compliance programs and provide temporary relief from compliance reviews and desk audits. First, OFCCP has proposed an Excellence in Disability Inclusion Award (the “Disability Inclusion Award”), which aims to “highlight … Continue Reading
Quick Hit: Data released by OFCCP shows the agency obtained $16.4 million in monetary relief for roughly 12,000 class members in FY 2018. While that is a drop from the record year recovery of $23.9 million in FY 2017, it is much higher than $10.5 million obtained in FY 2016 and $6 million obtained in … Continue Reading
Quick Hit: OFCCP has entered into a memorandum of understanding (the “MOU ”) with the National Industry Liaison Group (the “NILG”), a non–profit employer association that focuses on affirmative action and equal employment opportunity. The MOU is aimed at facilitating communications between OFCCP and the NILG in an effort to improve contractor compliance with OFCCP requirements … Continue Reading
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
New OFCCP Directive Introduces Early Resolution Procedures For Compliance Evaluations
By Guy Brenner and Alex Weinstein on Posted in OFCCP
OFCCP Rescinds Active Case Enforcement Procedures
By Guy Brenner and Alex Weinstein on Posted in Federal Contractors, OFCCP
OFCCP Introduces New Directive Enhancing Compliance Guidance Programs For Contractors
By Guy Brenner and Alex Weinstein on Posted in Federal Contractors, OFCCP
OFCCP Seeks The “Carrot” Approach With Two Contractor Recognition Programs
By Guy Brenner and Alex Weinstein on Posted in OFCCP
Trump Administration OFCCP Continues To Obtain Large Recoveries From Contractors in FY18
By Guy Brenner and Jurate Schwartz on Posted in OFCCP
OFCCP Enters Into MOU With Employer Group
By Guy Brenner on Posted in OFCCP
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
