An essential part of doing business with the federal government is compliance with equal employment opportunity laws and labor standards. Our Labor & Employment Practice regularly counsels and represents clients on the full spectrum of laws, regulations and executive orders applicable to the workforce in federal government contracting.
We provide cradle-to-grave support for businesses of all sizes to help them meet their workforce compliance needs across the federal government contracting landscape. Our team includes labor and employment lawyers with past experience in procurement and whose previous roles involved Equal Employment Opportunity (EEO) compliance positions within government agencies, as well as in-house counsel with private sector government contractors. Our lawyers have advised and represented businesses in a wide array of industries, ranging from defense and intelligence services to education, healthcare, manufacturing, transportation, consulting and information technology.
We also work closely with contractors to develop and maintain labor compliance programs appropriate to their business needs and legal obligations. We help navigate the complex and often evolving rules in federal government contracting with specific emphasis on federal labor laws, such as the McNamara-O-Hara Service Contract Act (SCA), Davis Bacon and Related Acts, Walsh-Healey Public Contracts Act, Executive Order 13658 (minimum wage), Executive Order 13706 (paid sick leave), Contract Work Hours and Safety Standards Act (CWHSSA), Drug-Free Workplace Act, Copeland Anti-Kickback Act, E-Verify, and many others.
In addition, we provide comprehensive guidance regarding EEO, non-discrimination and affirmative action under Executive Order 11246 as amended, Section 503 of the Rehabilitation Act, VEVRAA and the Federal Acquisition Regulation (FAR). We assist with the creation, implementation and assessment of EEO and affirmative action plans and represent contractors during compliance checks, audits and investigations by oversight agencies such as the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and Wage and Hour Division (WHD). We also work with businesses on their specific contract obligations, such as EEO flowdown requirements, prevailing wage determinations, contract exceptions and exclusions, modifications, and security clearance issues related to current and former employees.
Throughout the government engagement, our team provides ongoing advice and counsel on the effective management of federal contract workers, including reporting and record-keeping requirements, ethics/conflicts of interest rules, standards of conduct policies, workforce data analytics, incentive compensation programs, leaves and accommodations, joint employer and independent contractor classification, contractor successor rules, trade secrets protection and restrictive covenants.
We have represented large and small businesses on a wide array of federal contract matters before the U.S. Department of Labor, EEOC, NLRB, state and local labor agencies, administrative boards, and federal courts. A sampling of our recent engagements includes:
- Advised a regional communications company in assessing and updating its affirmative action program and responding to a focused review by the U.S. Department of Labor’s Office of Contract Compliance Programs.
- Represented an international technology company during a WARN investigation by the California Department of Industrial Relations in connection with a federal contract workforce reduction.
- Advised a nonprofit organization regarding its obligations under the Drug Free Workplace Act in connection with federally funded research projects.
- Provided comprehensive HR compliance training for a mid-west company in connection with the performance of the company’s federal government service contracts.
- Advised a national supply company on prevailing wage obligations under the Service Contract Act and the impact on the company’s human resource systems.
- Represented a federal defense contractor during its acquisition of another government contractor and provided subsequent legal support in connection with the federal contractor workforce integration.
- Advised a nonprofit organization regarding its compliance with Trump-era executive orders related to its diversity and inclusion programs.
- Advised several large and small businesses in the technology, defense, supply and shipping industries on their compliance with the Service Contract Act, Executive Orders, and related labor requirements, and provided ongoing legal advice on human resource management in the federal contracting context.
- Advised an information technology start-up company on developing employee policies and practices in compliance with EEO and labor standards applicable to its federal contracts.
- Advised an established IT services company on managing its hiring and separation practices in connection with its federal government contracts.
- Advised a property company on coverage and implementation of EEO flowdown obligations under Executive Order 11246, as amended.
- Advised a large financial institution on EEO and affirmative action jurisdictional coverage related to its contracts with the U.S. Department of Treasury.