Guy Brenner

Photo of 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 and is co-head of the Non-Compete & Trade Secrets 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.

Latest Articles

Quick Hit: OFCCP’s Directive 2019-04 reveals the development a Voluntary Enterprise-Wide Review Program (“VERP”). Once established, contractors will be able to voluntarily participate in the program, submitting themselves to an expanded compliance evaluation as part of an application process and, upon admittance to the program, will be removed from the pool of contractors in the evaluation scheduling process for either 3 or 5 years. According to the OFCCP, VERP’s purpose is to “focus on recognizing…
In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the Office of Federal Contract Compliance Programs (OFCCP).  Harris and Guy highlight OFCCP’s recent activities and discuss what government contactors should expect in 2019. Listen to the podcast.   View the transcript on our Law and the Workplace blog.…
Quick Hit: According to published reports, OFCCP will not mail out Corporate Scheduling Announcement Letters (“CSAL”) this year, but rather will post the lists on its website. Key Takeaway: CSALs provide contractors with advance notice of an upcoming compliance evaluation. Because, unlike in years past, OFCCP will not mail CSAL letters to contractors in 2019 and will, instead, publish the CSAL lists on its website, contractors need to check OFCCP’s website to find out if…
Quick Hit: OFCCP is inviting contractor stakeholders, and their legal counsel, to submit “Burning Question[s]” to its Help Desk that the agency can answer in forthcoming Opinion Letters. Key Takeaways: OFCCP’s invitation is its first public step towards implementing Directive 2019-03 (“the Directive”) which outlined the agency’s plan to enhance the utility of its existing Help Desk and to introduce Opinion Letters. This initiative is aimed at providing more guidance to federal contractors, who have…
Quick Hit: OFCCP has requested applications for its newly created “Ombudsman” position. The opening follows the issuance of Directive 2018-09 (the “Directive”), which announced the “planned implementation of an Ombud Service” to address specific concerns “raised by OFCCP external stakeholders.” Key Takeaways: OFCCP issued Directive 2018-09 in September. As we noted in this blog at the time, the Directive did not establish an Ombud Service – it merely announced OFCCP’s intention to implement the…
On January 16, 2019, Proskauer partner Guy Brenner and Resolution Economics Director Rick Holt delivered a webinar entitled: OFCCP – The Year That Was and the Year Ahead. The jam-packed presentation provided legal, practical, and econometric insights into the numerous actions taken by the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) in 2018, and looked ahead at what contractors can expect from the agency in 2019. Over the course of the 70-minute…
Join us for a webinar on Wednesday, January 16, 2019, to review the significant changes and initiatives implemented by the Office of Federal Contract Compliance Programs in 2018, what they mean for federal contractors and what federal contractors can expect in 2019. Partner Guy Brenner and labor economist Dr. Rick Holt, a Director at Resolution Economics, will address topics including: The practical consequences of the new compensation directive What the new contractor certification program will…
The Office of Federal Contractor Compliance Programs (“OFCCP”) has announced that Craig Leen has officially been named the Director of the Office of Federal Contractor Compliance Programs (“OFCCP”).  Director Leen has served as Acting Director since the summer when then-Director Ondray Harris suddenly resigned.  Since Director Leen began serving as Acting Director, the OFCCP has announced a number of new initiatives with the stated purpose of aiding contractors in compliance and improving the relationship…
As of midnight on December 21, 2018, portions of the government have been shut down until Congress is able to pass a spending bill. Due to ongoing political fights surrounding the border wall, it remains unclear when the government will be fully operational again. In addition to the 400,000 government workers the Washington Post anticipates will be furloughed without pay during the shutdown, the closure of large portions of the federal government also has implications…