Counseling Employers
- Compliance with federal, state, and local employment laws
- Wage and hour – Worker classification, overtime, and wage payment
- Provision of leave (FMLA, sick, etc.)
- Disability accommodations
- Disciplinary action, termination, layoff/reduction in force, and compensation adjustments
Counseling and Representation of Government Contractors
- Non-discrimination and affirmative action obligations (EO 11246, Section 503, and VEVRAA)
- Wage and hour obligations under Davis-Bacon Act (DBA), McNamara-O’Hara Service Contract Act (SCA), and Walsh-Healy Public Contracts Act
- Ethics and compliance
- False Claims Act, including defense of Qui Tam actions
- Representation before Federal agencies including the DOL and OFCCP in audits, investigations/inquiries, conciliation and litigation
- Compliance with the Fair Pay & Safe Workplaces Executive Order and similar executive actions
Investigations, Audits, and Training
- Internal investigations
- Comprehensive audits of personnel practices
- Training on application of employment policies and personnel management
Implementing and Enforcing Restrictive Covenants
- Non-compete agreements
- Non-disclosure agreements
- Non-solicitation agreements
Employment Discrimination, Harassment, Retaliation and Related Torts
- Americans with Disabilities Act
- Age Discrimination in Employment Act
- Equal Pay Act
- Pregnancy Discrimination Act
- Section 1981
- Title VII
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Wrongful termination, defamation, intentional infliction of emotional distress
Drafting and Revising Employment Documents
- Handbooks, policies, and manuals
- Applications, offer letters, employment agreements
- Retention and bonus
- Separation and release agreements
- Negotiation and drafting of executive employment agreements
Labor and Employment Executive Order Updates
Several Executive Orders (EO) have come under examination recently, leaving some to wonder about the status. The chart below outlines the Obama-era EO’s related to labor and employment for federal contractors.
| EO# | SUBJECT | FAR RULE | CURRENT STATUS |
|---|
13494
1/30/09 | Treat Costs of Persuading Employees Regarding
Union Activities as Unallowable | 76 FR 68040
11/2/11 | Currently in effect.
Subject to some criticism. |
13495
1/30/09 | Nondisplacement of Qualified Workers Under
Service Contracts | 77 FR 75766
12/21/12 | Currently in effect |
13627
9/25/12 | Anti-Trafficking in Persons in Federal Contracts | 80 FR 4967
3/2/15 | Currently in effect |
13658
2/12/14 | Minimum Wage for Contractors | 80 FR 75915
12/4/15 | Currently in effect.
Subject to some criticism. |
13672
7/21/14 | Prohibiting Discrimination Based on Sexual
Orientation or Gender Identity | 80 FR 75907
12/4/15 | Trump will continue to enforce
1/31/17 |
13673
7/31/14 | Fair Pay and Safe Workplaces | 81 FR 58562
10/25/16 | Nullified by H.J. Res. 37
Signed by President on 3/27/17 |
13706
9/7/15 | Paid Sick Leave for Contractors | 81 FR 91627
12/16/16 | Currently in effect.
Subject to some criticism. |
Our attorneys also have extensive experience with representing companies throughout administrative proceedings and investigations before local and federal agencies including the EEOC, DOL, and state equivalents. More information regarding our litigation practice can be found here.
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