Law and the Workplace
Guy Brenner

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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DCFMLA COVID-19 Leave Extended through October 9, 2020

Quick Hit:  The temporary expansion of the DC Family and Medical Leave Act to provide D.C. employees up to 16 weeks of unpaid, job-protected “COVID-19 leave” has been extended through October 9, 2020.   The D.C. Office of Human Rights has published an updated notice reflecting the extended effective date, which employers “must post and maintain… … Continue Reading

Maryland Employers: New Employment Laws Become Effective October 1, 2020

As we previously reported, earlier this year Maryland passed a number of employment laws that, among other things, prohibit use of facial recognition technology, wage history inquires and hairstyle discrimination, and revise the state’s mini-WARN act.  These laws will take effect on October 1, 2020.  For more detail on the new laws, see our original … Continue Reading

EEOC Updates Its COVID-19 Guidance (Again)

On September 8, 2020, the EEOC released an updated technical assistance document addressing COVID-19 and the federal anti-discrimination laws enforced by the agency, including the Americans with Disabilities Act (“ADA”). Our previous posts about the EEOC’s prior COVID-19 guidance are available here and here. The updated guidance includes 18 new questions and answers, most of … Continue Reading

D.C. Requires Employers To Provide Paid and Unpaid COVID-19 Leave

Quick Hit:  Employees in the District of Columbia are currently eligible for paid and unpaid COVID-19 related leave under measures that temporarily expand the D.C. Family and Medical Leave Act (“DCFMLA”) and D.C. Accrued Sick and Safe Leave Act (“ASSLA”). Key Takeaway:  D.C. employers now must navigate an additional set of paid and unpaid leave … Continue Reading

Virginia COVID-19 Workplace Safety Rules Now In Effect

Quick Hit As we previously reported, Virginia became the first state to issue mandatory COVID-19 workplace safety rules when the Virginia Safety and Health Codes Board (“VSHCB”) approved an emergency temporary standard on July 15, 2020.  The final text has now been released and the new rules, which apply to most private employers, went into … Continue Reading

DOL Releases Additional COVID-19 Guidance Related to FFCRA, FMLA and FLSA

As we have previously reported, the United States Department of Labor (DOL) continues to update its COVID-19 guidance. Most recently, on July 20, 2020, the DOL issued additional Q and A guidance related to COVID-19 and the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response … Continue Reading

Virginia Becomes First State to Adopt Mandatory COVID-19 Workplace Safety Requirements

Quick Hit Virginia became the first state to issue mandatory COVID-19 workplace safety rules when the Virginia Safety and Health Codes Board (“VSHCB”) approved an emergency temporary standard on July 15, 2020 by a 9-2 vote.  The final text has not yet been published but the mandatory requirements are expected to include obligations surrounding flexible … Continue Reading

Virginia Employers, Are You Ready? New Employment Laws Go Into Effect July 1, 2020

As we previously reported, this spring Virginia Governor Ralph Northam signed into law a number of new measures expanding protections for employees in the Commonwealth and providing enhanced mechanisms by which employees may bring claims against their employers for violations of those protections.  Many of these new laws become effective on July 1, 2020.  As … Continue Reading

DC’s Paid Family Leave Benefits Available July 1, 2020: What Employers Need to Know

On July 1, 2020, employees in DC will be able to begin taking Paid Family Leave (“PFL”) pursuant to the DC Paid Family Leave Act (the “Act”).  Here’s a quick primer on what employers need to know ahead of the program’s launch. Eligible Leave Employees who spend more than 50% of their work time in … Continue Reading

Maryland Employers: Deadline Approaching to Submit Sexual Harassment Settlement Information

Quick Hit:  Maryland employers with 50 or more employees must submit information regarding sexual harassment settlements on or before July 1, 2020.  This information must be submitted using a portal on the Maryland Commission on Civil Rights’ (“the Commission”) website, which is available here. More Detail:  Maryland’s Disclosing Sexual Harassment in the Workplace Act of … Continue Reading

Maryland Employers: Get Ready For A Host Of New Employment Laws

During the early days of the coronavirus pandemic, the Maryland legislature passed over 600 pieces of legislation, many of which relate to employment issues.  Several of these bills, including ones that prohibit use of facial recognition technology, wage history inquiries and hairstyle discrimination, and revise the state’s mini-WARN act, recently became law when the deadline … Continue Reading

Virginia Employers Get Ready: New Laws Dramatically Expand Employee Protections and Employer Liability in the Commonwealth

In the wake of Virginia voting in Democratic majorities in both houses of the state legislature last year, the Virginia legislature has passed, and Virginia Governor Ralph Northam has signed into law, a slew of new measures providing Commonwealth employees broad protections and enhanced mechanisms by which to bring claims against their employers for violations … Continue Reading

OFCCP Issues Three New Directives

As noted in our recent posts, OFCCP remains open for business despite the COVID-19 pandemic.  On April 17, 2020, OFCCP provided further evidence of that fact, announcing three new directives “to maximize the effectiveness of [its] compliance assistance resources, increase accountability, and resolve federal contractor compliance evaluations more efficiently.”  Director Leen revealed that two of … Continue Reading

DOL Issues Corrections to FFCRA Regulations – What Employers Need to Know

On April 10, 2020, the Department of Labor (“DOL”) released corrections to the regulations implementing the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) and the Emergency Paid Sick Leave Act (“EPSLA”) provisions of the Families First Coronavirus Response Act (“FFCRA”). We have written in detail about the DOL’s FFCRA regulations in a recently-updated post … Continue Reading

COVID-19: Navigating WARN Act Issues During These Uncertain Times

COVID-19: Navigating WARN Act Issues During These Uncertain Times As the outbreak of COVID-19 affects the country and states, counties and cities take various measures to slow the transmission, many employers are facing uncertainty and considering business contingency measures. To the extent layoffs, reductions of hours and closures are under consideration, employers need to be … Continue Reading

DOL Releases FFCRA Regulations and Even More Informal Guidance – What Employers Need To Know

***Updated on April 13, 2020*** On April 1, 2020, the U.S. Department of Labor (“DOL”) posted a “temporary rule” issuing regulations, to implement the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) and the Emergency Paid Sick Leave Act (“EPSLA”) provisions of the Families First Coronavirus Response Act (“FFCRA”). The regulations clarify, expand and build … Continue Reading

DOL Provides Additional Critical Guidance on the Federal Family First Coronavirus Response Act

*** Last updated March 28, 2020 *** The recently-passed Family First Coronavirus Response Act (FFCRA), which provides paid sick leave and emergency family leave, has raised many questions for employers. The US Department of Labor (DOL) has attempted to answer some of these questions by posting guidance for employers and employees on its website. Since … Continue Reading

District of Columbia Expands DCFMLA and Unemployment Insurance in Response to COVID-19

In response to the global health crisis, Mayor Muriel Bower has signed the D.C. COVID-19 Response Emergency Amendment Act of 2020 (the “Act”).  Unless extended, the Act will remain in effect until June 15, 2020, and, among other things, creates a new category of leave available under the D.C. Family and Medical Leave Act (“DCFMLA”) … Continue Reading

District of Columbia Orders Closure of All Non-Essential Businesses

D.C. Governor Muriel Bower has issued an emergency order, Mayor’s Order 2020-053, (“the Order”) requiring that all non-essential businesses cease on-site operations beginning at 10:00 p.m. on March 25, 2020. The Order also prohibits gatherings of 10 or more people. The Order, as of now, will remain in effect through April 24, 2020. The Order … Continue Reading

U.S. Department of Labor Releases Model Notice Required by the Federal Family First Coronavirus Response Act

On March 25, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) released the model notice that covered employers must post regarding the Families First Coronavirus Response Act (“FFCRA”), along with Frequently Asked Questions regarding the notice requirements. You can read more about the recently enacted FFCRA here, as well as the WHD’s … Continue Reading

U.S. Department of Labor Releases Initial Guidance on the Federal Family First Coronavirus Response Act

*** Please note that the Department of Labor is updating (and in some cases revising) its initial guidance on a rolling basis, so be sure to click on the Questions and Answers link for the most current version. A blog post on the most recent updates to the guidance can be found here. *** On … Continue Reading

[Podcast]: Recent Developments Associated With The Coronavirus Pandemic

In this episode of The Proskauer Brief, partners Harris Mufson, Seth Safra, Mike Lebowich and Guy Brenner discuss recent developments associated with the coronavirus (COVID-19) pandemic. Tune in as we address the latest legislative developments and issues employers should be thinking about when confronting the ramifications of this virus in the workplace. Listen to the podcast.   … Continue Reading

Federal Family First Coronavirus Response Act Signed Into Law

*** UPDATE: The Department of Labor has issued guidance stating that the law will take effect on April 1, 2020.  More information on the guidance can be found on our blog post here.*** On March 18, 2020, President Trump signed into the law the Family First Coronavirus Response Act (the “Family First Act” or the … Continue Reading
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