Government Contractor Compliance & Regulatory Update
Guy Brenner

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 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

OFCCP Obtained $35.6 Million From Contractors in FY2020

During an October 21, 2020 “stakeholder” call, Director Leen took the opportunity to laud the agency’s accomplishments over the past four years, including record financial recoveries.  Director Leen noted that the agency’s total recoveries over the past four years exceeded the prior nine years combined. As we previously reported, in FY2019, OFCCP set a new … Continue Reading

OFCCP Provides Additional Guidance On “Combatting Race and Sex Stereotyping” Executive Order

On October 21, 2020 the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) held a stakeholder call regarding the agency’s implementation of Executive Order 13950, “Combatting Race and Sex Stereotyping” (the “Order”) which, as we have previously reported, restricts the concepts which contractors may include in anti-discrimination and diversity trainings provided to … Continue Reading

[Podcast]: OFCCP Opens Hotline for Complaints of Race and Sex Stereotyping in Workplace Training

In the latest episode of The Proskauer Brief podcast, partners Harris Mufson and Guy Brenner discuss the Trump administration’s recent Executive Order on Combating Race and Sex Stereotyping, which restricts the concepts that government contractors can include in their employee diversity and awareness training programs.  It also imposes certain penalties and sanctions, including debarment for failure … Continue Reading

OFCCP Releases Guidance on Executive Order Limiting Contractors’ Anti-Discrimination Trainings

Quick Hit: The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) has issued guidance on President Trump’s September 22, 2020 “Executive Order on Combatting Race and Sex Stereotyping” (the “Order”) which restricts the concepts which contractors may include in anti-discrimination and diversity trainings provided to their employees.  Though much of the publication … Continue Reading

OFCCP Opens Hotline for Complaints of Race and Sex Stereotyping in Workplace Training

As we previously reported, on September 22, 2020, President Trump issued his “Executive Order on Combatting Race and Sex Stereotyping” (the “Order”), which seeks, among other things, to prohibit government contractors from including certain concepts in diversity and awareness trainings.  The Order directed the Office of Federal Contract Compliance Programs (“OFCCP”) to establish a “hotline” … Continue Reading

OFCCP Provides Guidance On New Promotions and Accommodations Focused Reviews

As we recently reported, OFCCP has issued its 2020 Corporate Scheduling Announcement List.  That list included contractors selected for two new types of reviews focused on promotions and accommodations.  Other than some comments made by Director Leen in speeches, contractors had little information concerning the new types of reviews and what they entailed. That is, … Continue Reading

New Executive Order Limits Contractors’ Anti-Discrimination Trainings

Quick Hit: On September 22, 2020, President Trump issued an “Executive Order on Combatting Race and Sex Stereotyping” (the “Order”).  The Order, among other things, requires new contracts entered into with the federal government to include a clause prohibiting federal contractors from including certain concepts in diversity and awareness trainings – including certain concepts that … Continue Reading

OFCCP Updates September 2020 CSAL

As we previously reported, OFCCP released its latest Corporate Scheduling Announcement List (CSAL) on September 11, 2020, in which it identified 2,250 supply and service contractor establishments and 200 construction contractor establishments selected for various types of compliance evaluations. Earlier this week, OFCCP updated the list.  The new list is available here.  It appears the … Continue Reading

OFCCP Takes Next Step In Establishing An Annual AAP Certification Program

On September 14, 2020, the Federal Register published an information collection request (“ICR”) by the OFCCP in which the agency discloses that it “seeks authorization for an annual Affirmative Action Program online certification process for federal contractors and for a secure method for federal contractors to submit AAPs electronically to OFCCP when they are scheduled … Continue Reading

OFCCP Issues Its 2020 Audit List – Was Your Company On It?

On September 11, 2020, OFCCP released its Corporate Scheduling Announcement List (CSAL). The list identifies 2,250 supply and service contractor establishments and 200 construction contractor establishments selected for compliance evaluations. Note that the list merely notifies contractors that they will be audited in the future, which gives them time to prepare.    Contractors are advised … Continue Reading

OFCCP FAQ Provides Guidance Regarding Non-Binary Employees and Applicants

The Office of Federal Contract Compliance Programs (“OFCCP”) recently released a FAQ addressing how contractors should “handle counting employees and/or applicants who identify as a gender other than male or female such as Gender X as recognized in California[.]” In response to this question, the FAQ provides “[i]f an employee or applicant chooses to self-identify … Continue Reading

Executive Order Addresses Federal Contractors’ Use of Foreign Workers

Quick Hit: On August 3, 2020, President Trump issued an “Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” (the “Order”), which requires federal agencies to perform an internal audit of their contracting practices and the use of foreign workers by federal government contractors.  Further, the Order instructs the … Continue Reading

Reminder: Contractors Must Implement New OFCCP Self-Identification Form by August 4, 2020

As we previously reported, on May 8, 2020 the OFCCP announced that the Office of Management and Budget approved its updated Disability Self-Identification Form (the “Form”).  The Form is available in multiple languages here.  OFCCP has also issued FAQs regarding the implementation of the Form. The deadline for contractors to implement the Form into their … Continue Reading

Revised OFCCP Disability Self-Identification Form Approved

As we previously reported, in October 2019 OFCCP announced that it had submitted a request to the Office of Management and Budget (“OMB”) for approval of proposed changes to its Voluntary Self-Identification of Disability Form.  On May 8, 2020 the agency announced that OMB approved its proposed changes to the form.  The updated form is … Continue Reading

OFCCP’s Ombuds Service Now Open For Business

On May 6, 2020, OFCCP announced that its Ombuds Service is now available to the contractor community.  The agency initially announced its plan to create an Ombuds Service in the fall of 2018 as part of its overall initiative to increase efficiency and transparency.  In announcing the official launch, OFCCP stated the service “delivers an … Continue Reading
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