Executive Order 11246 requires many federal contractors and subcontractors to engage in affirmative action to employ and advance women, minorities, individuals with disabilities, and covered veterans. The Office of Federal Contract Compliance (OFCCP), the agency of the Department of Labor (DOL) tasked with enforcing this and related laws and regulations, is taking an aggressive approach towards enforcement. Our experienced lawyers can help covered contractors and subcontractors in the following ways:

• Facilitate compliance with federal affirmative action regulations and requirements, including compliance with internet applicant regulations and recordkeeping obligations, outreach and recruitment obligations, and comparable compensation obligations

• Develop written affirmative action plans, by performing sophisticated statistical analysis, drafting plan narratives, producing required reports, and conducting training

• Guide covered contractors and subcontractors through OFCCP audits, by preparing desk audit submissions, responding to OFCCP information requests, assisting with OFCCP onsite audits, responding to OFCCP Notices of Violation, engaging in conciliation efforts with the OFCCP, and defending OFCCP enforcement actions.

The Firm provides day-to-day counseling and legal advice to over 100 businesses, from Fortune 500 companies to small, start-up organizations. The Firm regularly advises clients on hiring, discipline, and termination decisions; the creation and implementation of employment policies and procedures; the FMLA and other laws and regulations applicable to employee illness, disability, absences and leaves of absence; employment law aspects of corporate acquisitions, mergers and divestitures; reductions in force, plant closings and plant relocations; wage and hours laws; post-employment non-competition, non-solicitation and non-disclosure obligations; and the various laws and regulations concerning unlawful workplace discrimination, harassment, and retaliation. The Firm also regularly drafts and negotiates executive employment agreements.

The Firm’s partners are experienced litigators and trial attorneys with significant appellate court experience. The Firm’s partners have appeared in numerous jurisdictions as lead counsel on behalf of management in the full array of employment litigation, including claims of employment discrimination under Title VII and its state law equivalents, ERISA, the Family Medical Leave Act, the Fair Labor Standards Act, Sarbanes-Oxley, the Age Discrimination in Employment Act, wage and hours laws, and employment-related tort and contract claims. The Firm also has extensive experience representing businesses in litigation involving non-competition, non-solicitation and related confidentiality obligations. Based on the Firm’s business model, Firm partners are the primary working attorneys and client contacts on the matters they handle. The Firm focuses on practical, cost-effective approaches to litigation, and will use alternative dispute resolution measures, such as mediation and arbitration, to achieve resolution when appropriate. If trial is required, the Firm’s partners are aggressive courtroom advocates with strong records of success.

The Firm’s attorneys conduct internal investigations concerning complaints of workplace discrimination, harassment and retaliation, workplace misconduct, executive malfeasance and corporate policy compliance. The Firm conducts audits for clients to ascertain levels of compliance with various federal and state laws governing terms and conditions of employment, including record-keeping obligations, overtime and wage payment practices, equal employment opportunity requirements, and managerial training obligations. The Firm trains client managers and employees on appropriate workplace behavior and on the prevention of unlawful discrimination, harassment and retaliation. The Firm also assists clients in the creation and modification of employee handbooks, employment policies, and employment-related communications.

The Firm’s attorneys have extensive experience and deep expertise in representing employers in all aspects of management/union relations, including representing clients in union organizing/representation campaigns, responding to union “corporate campaigns,” collective bargaining negotiations, union contract administration, representation and unfair labor practice cases before the National Labor Relations Board, and grievance/arbitration representation. The Firm’s approach to labor relations focuses on practical, cost-effective approaches to achieve clients’ immediate and long-term goals.