On May 1, the Biden Administration announced that the federal contractor and subcontractor (“Contractor”) vaccine mandate (the “Contractor Vaccine Requirement”) issued by the Safer Federal Workforce Task Force (the “Task Force”) in response to President Biden’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors will officially end

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.
OFCCP Revised Voluntary Self-Identification of Disability Form Approved
On April 25, 2023, the Office of Management and Budget (OMB) approved OFCCP’s revised Voluntary Self-Identification of Disability Form (CC-305). OFCCP states the form was revised in order to “update the preferred language for disabilities and to include additional examples of disabilities.”
For example, the prior version of the form…
OFCCP Publishes Non-Objecting Contractors’ EEO-1 Data And Provides Details Of Its Review Of Pending Objections
On April 17, 2023, after giving federal contractors and subcontractors (“Contractors”) several opportunities to submit objections, OFCCP published EEO-1 data for Contractors that “either affirmatively agreed to, or did not object to, the release of their EEO-1 data.” As we previously reported, OFCCP had received a Freedom of Information…
OFCCP Proposes Revised Scheduling Letter and Itemized Listing
As we previously reported, OFCCP is seeking reauthorization of a revised Compliance Review Scheduling Letter (“Scheduling Letter”) and Itemized Listing. The Scheduling Letter and Itemized are issued by OFCCP at the outset of an audit and request multiple categories of documents from federal contractors selected for audit. A detailed…
OFCCP Releases 2023 VEVRAA Hiring Benchmark
The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2023 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark. Effective March 31, 2023, the new benchmark is 5.4%, a slight decrease from 2022’s 5.5% benchmark. This is OFCCP’s eighth reduction of the benchmark, which has steadily declined since its…
Deputy Director Michele Hodge Will Become Acting Director of OFCCP
On March 30, 2023, outgoing OFCCP Director Jenny R. Yang confirmed what we had reported here – she will be leaving the agency. Effective April 3, 2023, Director Yang will begin serving as Deputy Assistant to the President for Racial Justice and Equity. In her farewell announcement to “OFCCP Stakeholders”…
OFCCP Director Jenny Yang Reported to Be Leaving Agency
According to reports, OFCCP Director Jenny R. Yang is expected to leave her position this week. Director Yang became OFCCP Director on January 20, 2021. At this time, it is not known who will replace her.
During her term, Director Yang has overseen several OFCCP developments, including:
…
OFCCP’s Religious Exemption Rule Rescission to Take Effect March 31, 2023
OFCCP has completed the process of rescinding its Final Rule, “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption” (the “Religious Exemption Rule”), which came into effect on January 8, 2021.
As we previously reported, the Religious Exemption Rule – adopted during the Trump Administration –…
OFCCP Announces Contractor Portal Will Open For AAP Certification On March 31, 2023
Updated on March 27, 2023 to include webinar details.
On March 20, 2023, OFCCP announced its Contractor Portal will open to receive Affirmative Action Program (“AAP”) certification submissions on March 31, 2023. Certifications must be made by June 29, 2023.
OFCCP launched the Contractor Portal last year and required federal…
OFCCP (Again) Updates List of Contractors Whose EEO-1 Data Will Be Released
As we previously reported, OFCCP has received a Freedom of Information Act (“FOIA”) request seeking federal contractors’ and subcontractors’ (collectively, “Contractors”) EEO-1 reports from 2016-2020. After publishing a list of Contractors whose EEO-1 data would be released, OFCCP offered Contractors an opportunity to notify the agency if they were…