Law and the Workplace
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Guy Brenner

Partner

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.

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D.C. Council Passes Law Significantly Scaling Back Non-Compete Ban

Mayor Bowser signed the Amendment on July 27, 2022. The Amendment will go into effect on October 1, 2022 (absent action by Congress, which is not expected). On July 12, 2022, the District of Columbia Council voted to modify key aspects of the Ban on Non-Compete Agreements Amendment Act (“the Act”), passing the Non-Compete Clarification … Continue Reading

EEOC Issues New Workplace Guidance Regarding COVID-19 Testing

On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) – the agency which investigates and enforces federal antidiscrimination laws in the workplace – updated its guidance across several different areas relating to COVID-19 and the workplace, including when employees can be required to undergo COVID-19 testing, reasonable accommodations, and parameters around mandatory vaccination programs. … Continue Reading

Washington, D.C. Bill Would Limit Employers’ Ability to Discipline Based on Marijuana Testing

On June 7, 2022, the Council of the District of Columbia passed the Cannabis Employment Protections Act of 2022 (the “Bill”).  If signed into law by D.C. Mayor Muriel Bowser, the Bill would prohibit employers, with certain exceptions, from  “refus[ing] to hire, terminat[ing] from employment, suspend[ing], fail[ing] to promote, demot[ing], or penalize[ing] an individual” due … Continue Reading

Washington Passes “Silenced No More Act” Limiting Nondisclosure and Nondisparagement Provisions In Employment And Independent Contractor Agreements

On March 24, 2022, Washington Governor Jay Inslee signed into law Engrossed Substitute House Bill 1795 also known as the “Silenced No More Act” (“the Act”).  The Act prohibits agreements containing nondisclosure and nondisparagement provisions that prevent an employee or independent contractor from discussing certain violations of law.  Washington becomes the second state (after California) … Continue Reading

D.C.’s Non-Compete Law Poised To Be Delayed Until October 1, 2022

Update – Mayor Bowser signed the amendment on March 28, 2022, officially pushing back the Act’s applicable date to October 1, 2022. The District of Columbia’s ban on non-compete agreements is delayed again. As we previously reported, the DC Government enacted The Ban on Non-Compete Agreements Amendment Act (the “Act”) in January 2021, which creates … Continue Reading

UPDATED: Congress Passes Bill Prohibiting Mandatory Arbitration and Class Action Waivers for Sexual Harassment and Sexual Assault Claims

***UPDATE: President Biden signed the bill into law on March 3, 2022.  The law takes effect immediately.*** Today, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote.  The bill had previously passed the House of Representatives by a vote of 335-97. The … Continue Reading

OSHA Withdraws Emergency Temporary Standard Mandating Vaccination or Testing/Masking Policies for Employers with 100 or More Employees

On January 25, 2022, OSHA filed a notice withdrawing its Emergency Temporary Standard (“ETS”).  The ETS had mandated that employers with 100 or more employees require all employees to be fully vaccinated against COVID-19 or to wear face coverings and undergo weekly testing. As we previously reported here, on January 13, 2022, the U.S. Supreme … Continue Reading

DC Enacts Vaccine Mandate For Certain Indoor Establishments

***UPDATE: beginning February 15, 2022, indoor venues will no longer be required to verify that patrons are vaccinated (though businesses may choose to keep vaccination requirements in place). Additional information is available here.*** Starting January 15, 2022, DC will require the following establishments to verify that their guests, visitors and consumers ages 12 and older … Continue Reading

More Whiplash — DC Brings Back Mask Mandate and Encourages Vaccine Mandates

Effective December 21, 2021, through at least January 31, 2022, DC law requires that all individuals wear masks in indoor public spaces, regardless of vaccination status. As we previously reported, just last month DC Mayor Muriel Bowser significantly scaled back the District’s indoor mask mandate, which had required masks in all indoor public places since … Continue Reading

Sixth Circuit Panel Dissolves Stay of OSHA Vaccine/Testing Mandate

UPDATE: On January 13, 2022, the U.S. Supreme Court granted applications to stay OSHA’s Emergency Temporary Standard pending review on the merits by the Sixth Circuit, and if writs of certiorari are subsequently sought to the U.S. Supreme Court, pending the Court’s disposition of such writs.  Click here to read more about the Court’s decision.  On … Continue Reading

FTC and DOJ Hold Workshop On Non-Compete Agreements

As we reported this past summer, President Biden signed an Executive Order titled “Promoting Competition in the American Economy.” At the time, President Biden urged the chair of the Federal Trade Commission (the “FTC”) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” Since the … Continue Reading

Federal Judge Blocks Contractor Vaccine Mandate Nationwide

UPDATE (2/4/22): On February 2, the Eleventh Circuit scheduled oral argument for April 8. UPDATE (1/27/22): On January 21, 2022, Judge Baker issued an order in response to the federal government’s request for clarification of his order enjoining the federal contractor vaccine mandate nationwide.  Judge Baker’s latest order addressed two inquiries.  First, he declined to … Continue Reading

DC Enacts (Another) COVID-19 Emergency Leave Law

***UPDATE: the Emergency Act has been extended through at least May 4, 2022.*** DC Mayor Muriel Bowser signed into law the COVID Vaccination Leave Emergency Amendment Act of 2021 (“Emergency Act”), which requires employers to provide paid leave to employees and their children for time spent obtaining and, if needed, recovering from side effects of … Continue Reading

Contractor Vaccine Mandate Blocked In 3 States By Federal Judge

On November 30, 2021, a federal judge issued a preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued by the Safer Federal Workforce Task Force in response to President Biden’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors.  The mandate requires covered contractor employees to be fully … Continue Reading

[Podcast]: Developments & Trends Across the Country in Non-Compete Law

In this episode of The Proskauer Brief we are joined by partner Guy Brenner, who heads up Proskauer’s D.C. Employment Law practice and co-chairs our Non‑Compete and Trade Secrets Practice group and Daryl Leon, an associate in Proskauer’s New York office and senior member of the Firm’s Non‑Compete and Trade Secrets Practice Group. Employers should listen … Continue Reading

DC Announces End to Indoor Mask Mandate

DC Mayor Muriel Bowser announced that on November 22, 2021, the District’s indoor mask mandate – one of, if not the most restrictive mask mandate – will be significantly scaled back. The current mandate, which went into effect on July 31, 2021, requires masks in all indoor public places for all individuals over age two, … Continue Reading

OSHA Releases Emergency Temporary Standard Requiring Mandatory Vaccination or Weekly Testing for Employers with 100 or More Employees

UPDATE: On January 13, 2022, the U.S. Supreme Court granted applications to stay OSHA’s Emergency Temporary Standard pending review on the merits by the Sixth Circuit, and if writs of certiorari are subsequently sought to the U.S. Supreme Court, pending the Court’s disposition of such writs.  Click here to read more about the Court’s decision.  On … Continue Reading

[Podcast]: Ban on Non-Compete Agreements Amendments Act of 2020

In this episode of The Proskauer Brief we are joined by partner Guy Brenner, who heads up Proskauer’s D.C. Employment Law practice and co-chairs our Non‑Compete and Trade Secrets Practice group and Daryl Leon, an associate in Proskauer’s New York office and senior member of the Firm’s Non‑Compete and Trade Secrets Practice Group.  Tune in as we … Continue Reading

D.C. Paid Leave Program Amended to Expand Benefits

Significant changes have arrived for paid medical, parental, and family care leave in Washington, D.C following the recent enactment of the Universal Paid Leave Emergency Amendment Act of 2021 (“PLEAA”).  Effective October 1, 2021 (with a minor exception for expanded personal medical leave, discussed below), the PLEAA amends the D.C. Universal Paid Leave Amendment Act of … Continue Reading

OSHA To Issue Emergency Temporary Standard Requiring Large Employers to Mandate Vaccination or Weekly Testing for Employees

On September 9, 2021, the Biden Administration announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing an Emergency Temporary Standard that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require unvaccinated workers to provide a negative COVID-19 test result at least … Continue Reading

DC Ban on Non-Competes Postponed to April 1, 2022

As we previously reported, earlier this year the District of Columbia enacted the The Ban on Non-Compete Agreements Amendment Act (the “Act”), which creates the broadest non-compete ban in the country.  The Act essentially bars post-employment non-competition agreements as well as prohibitions on simultaneous work for other employers.  Although the Act became law in March, … Continue Reading
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