Littler s Government Contractors Industry Group

Transcription

1 Littler s Government Contractors Industry Group

2 Currently, we represent 75 of the 100 largest government contractors in the U.S. Contracting with the government can offer many business advantages, but it also includes complex requirements and potentially costly risks, a substantial number of which relate to a contractor s workforce. As the nation s largest law firm devoted exclusively to workplace issues, Littler is equipped to counsel and advocate for clients on a broad range of employment- and labor-related federal and state legislation and associated regulations. We regularly assist employers facing a wide array of complicated mandates that are often broadly applied and vigorously enforced. Why Choose Littler? Our team of more than 30 attorneys throughout the United States understands both the legal and business implications of operating as a government contractor. We have represented hundreds of government contractors from a range of industries throughout our 70-year history from Fortune 100 companies to small and mid-sized public and private firms. Our practitioners have worked previously for the National Labor Relations Board, the U.S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC). Our collective experience also includes work for the Internal Revenue Service, Social Security Administration, Department of Justice, Department of Health and Human Services, International Labour Organization, and the U.S. Congress. Littler is home to the former Administrator of the Wage and Hour Division of the DOL. We Understand the Business of Government Contracting and its Inherent Regulations In a time of stepped-up enforcement, compliance has become even more challenging. We help government contractors stay current on the myriad obligations that affect them, including those associated with: 2

3 Affirmative Action/OFCCP Compliance McNamara-O Hara Service Contract Act (SCA) Davis Bacon Act Defense Base Act Uniformed Services Employment and Reemployment Rights Foreign Corrupt Practices Act False Claims Act Recent Executive Orders, Presidential Memoranda and Directives including: Fair Pay and Safe Workplaces; Non-Retaliation for Disclosure of Compensation Information; Debarment of contractors that have committed Fair Labor Standards Act violations within the past five years; Prohibition of LGBT discrimination in government contracting; Minimum Wage for Contractors; Revision of white collar overtime exemptions; and Advancing Pay Equality Through Compensation Data Collection Our Experience A sampling of Littler s engagements in this space includes: Enforcing non-competes and other restrictive covenants during the course of the competitive bidding process on behalf of government contractors; Counseling on all areas of the SCA and the Walsh-Healey Public Contract Act, including but not limited to handling DOL audits, variance proceedings, submissions to qualify various benefits as bona fide fringe benefits, and qualifying self-insured health insurance plans as sufficient under the SCA; Providing legal advice on detailed recordkeeping and sophisticated data analyses and how they apply to particular government regulations; Handling government audits involving the Davis-Bacon Act, including counseling employers regarding all aspects of the prevailing wage obligations; Helping hundreds of clients comply with OFCCP s regulations, including preparing and implementing affirmative action programs and representing clients in OFCCP compliance reviews; Appealing and providing comments on proposed regulations including the DOL s new utilization goal and data collection requirements pertaining to the hiring of individuals with disabilities; Testifying before Congress and participating in meetings and hearings held by executive agencies and the EEOC on issues of importance to the contractor community. 3

4 The Benefits of Littler s Approach Employers contracting with the government can utilize Littler s broad knowledge and experience within the labor and employment law realm to help minimize risk and uncertainty, protect the company and achieve business objectives. General workplace requirements can trigger a different set of dynamics when a government contractor is involved. For example, the Supreme Court s Lawson decision, which expanded Sarbanes-Oxley whistleblower protections to the private subcontractors of public companies significantly impacts the government contracting industry due to the multiple layers of subcontractors involved in the performance of prime contracts. In addition to our general complement of labor and employment services, our areas of focus for government contractors include the following: Working with the firm s Competition and Trade Secrets practice to advise on unfair business competition issues, including non-compete covenants and trade secret issues that arise in the bid process; Working in tandem with the firm s OFCCP practice to advise clients on the detailed regulations involved with anti-discrimination laws, affirmative action statutes and audits; Collaborating with Littler s Workplace Policy Institute (WPI), to inform legislative and executive actions; Advising on employment issues related to whistleblowers under Sarbanes-Oxley, Dodd-Frank, the False Claims Act, and other whistleblowing legislation; Structuring conditional offers in anticipation of contract awards; Drafting and negotiating employment and executive agreements, including non-compete and non-disclosure provisions in acquisition settings and otherwise; Advising on immigration issues associated with overseas deployments; Counseling on joint employer liability, as it applies to teaming partners and the government client; Assisting employers with agency investigations and, if needed, representing them in litigation; Providing guidance on wage and hour compliance issues; and Advising on WARN and other related issues that arise due to government shutdowns, sequestrations, and other unexpected government developments. We understand that government contractors and subcontractors are subject to an array of unique labor and employment laws that apply specifically to those participating in federal and state programs, and we are experienced in advising clients regarding those laws 4

5 The information provided in this brochure is just a sampling of the broad experience provided by Littler s Government Contractors Practice Group. To learn more about the Group, our specific experience and how we can assist you, please contact your Littler attorney, or visit littler.com to find the Littler office nearest you. ATTORNEY ADVERTISING 2015 Littler Mendelson P.C