We appear to be on the precipice of another federal government shutdown. Absent a political compromise, the federal government’s funding will run out on September 30, 2023. During previous government shutdowns, government agencies and departments issued stop-work orders, grinding work on government projects and contracts to a halt. Contractors were
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.
VETS-4212 Deadline Quickly Approaching: File by September 30, 2023
As we previously posted, federal contractors and subcontractors meeting the VEVRAA eligibility threshold (“Covered Contractors”) have until September 30, 2023 to file their VETS-4212 Reports.
Covered Contractors are “recommend[ed]” to file the form electronically, but they can email or physically mail a paper form to the DOL. Federal contracting…
OFCCP Announces New Round of Contractors Selected for Audits – Was Your Company Selected?
On September 8, 2023, OFCCP announced it posted a new Corporate Scheduling Announcement List (CSAL) for supply and service contractors. OFCCP announced that the list consists of 1,000 federal contractors and subcontractors selected for a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation, Functional Affirmative Action Program Review or a…
Significantly Expanded OFCCP Scheduling Letter and Itemized Listing Now In Effect
Updated: September 2, 2023.
On August 25, 2023, OFCCP announced the implementation of its revised Combined Scheduling Letter and Itemized Listing, which “applies to supply and service compliance evaluations scheduled on or after August 24, 2023.” The documents are provided to contractors at the outset of OFCCP audits…
OFCCP Publishes Rule Modifying Pre-Enforcement Notice and Conciliation Procedures
On August 4, 2023, OFCCP published its final rule, “Pre-Enforcement Notice and Conciliation Procedures” (the “New Rule”) which “modif[ies] procedures and standards [OFCCP] uses when issuing pre-enforcement notices and securing compliance through conciliation.” In a blog post, OFCCP Acting Director Michele Hodge touts the final rule as one that…
OFCCP Acting Director Addresses OFCCP Priorities and Initiatives
Speaking at the annual NILG conference, on August 2, 2023, OFCCP Acting Director Michele Hodge addressed hundreds of attendees in a wide ranging speech, discussing the agency’s priorities and initiatives. Among other highlights of her address:
- Acting Director Hodge made clear that OFCCP does not view the recent Supreme
Contractors: VETS-4212 Filing Window Now Open Until September 30, 2023
Federal contractors and subcontractors meeting the VEVRAA eligibility threshold of having 50 or more employees and at least one federal contract totaling $150,000 or more (“Covered Contractors”) must annually file a VETS-4212 Report. The VETS-4212 filing period is now open, and contractors have until September 30, 2023 to submit their…
FAR Council Bans TikTok from Federal Contractor Devices
On June 2, 2023, the Federal Acquisition Regulation (FAR) Council published an interim rule which requires contracting officers to insert a new clause – FAR 52.204-27 – in solicitations after June 2, 2023 or when exercising an option or modifying an existing task or delivery order after that date.
The…
Reminder: Contractors Must Begin Using Updated Voluntary Self-ID Form by July 25
As we previously reported, OFCCP’s updated Voluntary Self-Identification of Disability Form (CC-305) was approved by the Office of Management and Budget (OMB) in April 2023. Form CC-305 was updated to include “the preferred language for disabilities and… additional examples of disabilities.” Federal contractors and subcontractors (“Contractors”) must begin using…
Reminder: Deadline for Contractors To Certify AAP Compliance is June 29, 2023
As we previously reported, federal contractors and subcontractors (“Contractors”) have until June 29, 2023 to certify the status of their Affirmative Action Programs (“AAPs”) with the OFCCP Contractor Portal. Specifically, covered Contractors are asked to certify, on an annual basis, whether they have met their obligation “to develop…