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 April 15, 2025, the Equal Employment Opportunity Commission (“EEOC”) submitted a “non-substantive” Information Collection Request (“ICR”) to the Office of Management and Budget (“OMB”) for approval ahead of its 2024 data collection.  Among the requested changes, the EEOC seeks OMB approval for the elimination of the option allowing employers

On March 24, 2025, the Department of Labor announced the appointment of Catherine Eschbach as Director of OFCCP.  Direct Eschbach joins the agency after serving as an appellate lawyer in private practice.

Director Eschbach intends to “oversee [OFCCP’s] transition to its new scope of mission[.]” Notably, in the announcement Director

As we previously reported, on March 3, 2025, the Maryland District Court denied Defendants’ motion to stay the preliminary injunction in National Association of Diversity Officers in Higher Education v. Trump, preventing the federal government from enforcing several DEI-related clauses in its recent Executive Orders. The court held

According to Washington Post and Bloomberg press reports, on February 25, 2025, OFCCP Acting Director Michael Schloss submitted a memorandum to Acting Secretary of Labor, Vincent Micone, outlining OFCCP’s plan to significantly reduce its workforce and focus the agency’s efforts on enforcing contractor compliance with veterans and individuals with disabilities

Last Updated: 3/5/2025

[This post has been re-published from Proskauer’s “Law in the Workplace” blog: Federal Court Issues Partial Preliminary Injunction Halting Enforcement of DEI-Related EOs | Law and the Workplace.]

On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction pausing

While much of the focus on President Trump’s recent Executive Order on Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the “EO”) has been on its elimination of race and sex-based affirmative action requirements for federal contractors, another provides carries even greater potential implications. The EO also introduces new contractual obligations

On January 23, 2025, the Office of Federal Compliance Programs (OFCCP) sent out its first official agency communication since the issuance of President Trump’s Executive Order (the “Trump Order”) revoking Executive Order 11246 .  The message served to inform contractors of the import of Trump Order, but also that some