From August 3-5, the Industry Liaison Group, a community of government contractors and members of the government contractor community, held its National Conference in Charlotte, North Carolina. The event featured various speakers on a multitude of topics, including pay equity and achieving equality in the workplace. Proskauer attorneys Connie Bertram, Guy Brenner, and Alex Weinstein attended the event.

On Friday, August 5, 2016, Connie Bertram and Guy Brenner presented to a packed room on the Fair Pay and Safe Workplaces Executive Order (the “Order”), better known as the Blacklisting rule. Some of our previous posts on the Order include: President Obama Signs Executive Order Addressing Contractors’ Employment and Labor Practices, Proposed Regulations For The Fair Pay And Safe Workplaces Released and NLRB Takes Steps To Facilitate Sharing Of Federal Contractor Labor Law Violations. As a reminder, the Order imposes a host of new obligations on government contractors with more than $500,000 in government contracts, including an obligation to report various labor law violations during the bid and proposal process, new pay transparency obligations, and restrictions on arbitration provisions.

Connie and Guy_ILG

Connie’s and Guy’s presentation provided an overview of the various new requirements stemming from the Order and its proposed implementing regulations. The final rule is expected this month. The presentation not only provided contractors with an overview of the requirements of the Order and the proposed regulations, but also provided practical guidance regarding the impact of the regulations and what contractors can do now to prepare for the new requirements.

Connie and Guy_ILG_2The participants who attended the presentation were engaged and asked compelling questions throughout the program. The myriad of questions from the audience only further demonstrated the burden and expense that is expected to accompany the Order, as well as the confusion in the contractor community about the breadth and reach of the Order. That being said, as Connie and Guy explained to the participants, while the Order will be burdensome, with proper focus and assistance the requirements can be managed and even used to provide diligent government contractors with a competitive advantage in marketplace.

You can be sure that when the final regulations are issued we will provide a detailed analysis for our loyal blog readers. Stay tuned.

Photo of Guy Brenner 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…

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.