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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DC Enacts (Another) COVID-19 Emergency Leave Law

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 a COVID-19 vaccine, and unpaid leave for other COVID-19 related absences.  The Emergency … 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

NOTE: As of November 6, 2021, the Emergency Temporary Standard (“ETS”) has been stayed pending judicial review.  On Nov. 16, 2021, the petitions challenging the ETS were consolidated to the U.S. Court of Appeals for the Sixth Circuit, which will now hear the matter going forward. On November 5, 2021, OSHA published its new Emergency … 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

D.C.’s New Non-Compete Law May Be Deferred Until 2022

As we previously reported, D.C. Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) into law on January 11, 2021.  The Act is one of the most restrictive (if not the most restrictive) non-compete laws in the country.  Not only does the Act ban nearly all post-employment non-compete agreements … Continue Reading

Employee Disability and Cannabis Oil Protections Set to Take Effect in Virginia

Quick Hit: Two new laws in Virginia providing disability discrimination protections and protections for medicinal use of cannabis oil for employees go into effect July 1, 2021. Key Takeaway: Virginia, once known as a jurisdiction with very few state employment laws, is quickly changing that reputation with the passage of numerous new laws since the … Continue Reading

OSHA Releases First Coronavirus Emergency Temporary Standard and Updates Non-Mandatory Guidance

On June 21, 2021, OSHA’s first emergency temporary standard (“ETS”) aimed at limiting the spread of COVID-19 in the workplace went into effect.  The mandatory standards apply only to the health-care sector.  OSHA also released several Fact Sheets and almost 100 FAQs regarding the ETS. In addition, OSHA released updated non-mandatory guidance for industries outside … Continue Reading

New Maryland COVID-19 Workplace Safety Law

UPDATE:  As of July 1, 2021, the state of emergency in Maryland has ended, which, per the terms of the law, means the employer requirements in the Maryland Essential Workers’ Protection Act should no longer be in effect.  If Maryland’s Governor reinstates the state of emergency order, the requirements may again apply. Quick Hit:  Maryland … Continue Reading

Amendments to D.C.’s New Law Banning Non-Competes Proposed

Quick Hit.  On May 21, 2021, Councilmember Elissa Silverman proposed the Non-Compete Conflict of Interest Clarification Amendment Act of 2021 (the “Bill”), which would amend D.C.’s Ban on Non-Compete Agreements Amendment Act of 2020 (“Act”) which bans (with limited exceptions) all agreements and policies that restrict simultaneous and post-employment activities.  Unfortunately, the Bill does not … Continue Reading

EEOC Announces Employers Have Until August 23, 2021 to make their 2019 and 2020 EEO-1 Submissions

***August 18, 2021 Update: Following an EEOC extension, employers now have until Monday, October 25, 2021 to submit their 2019 and 2020 EEO-1 filings.  The EEOC has stated this is the final extension and there will be no further extensions*** ***June 28, 2021 Update: Following an EEOC extension, employers now have until Monday, August 23, 2021 … Continue Reading

Virginia Becomes First State To Pass Permanent Workplace Coronavirus Rules

Quick Hit As we previously reported, Virginia became the first state to issue mandatory COVID-19 workplace safety rules via an emergency temporary standard (“ETS”) executed on July 15, 2020. The temporary standard expired on January 26, 2021 but the Virginia Department of Labor and Industry’s Safety and Health Codes Board (the “Board”) has recently taken … Continue Reading

DC Mayor Signs Act Creating Near Total Ban on Non-Compete Agreements for DC Employees

On January 11, 2020, Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) into law, moving the District one step closer to implementing one of the broadest, if not the broadest bans on non-competition agreements in the country.  As we previously reported, in December 2020, the DC Council passed the … Continue Reading

DC Council Passes One of the Broadest Bans on Non-Competes in the Country

Quick Hit:  On December 17, 2020, the Council of the District of Columbia passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which, subject to certain very narrow exceptions, will “make void and unenforceable non-compete[s]” entered into after the effective date of the law.  The Act also prohibits employers from maintaining workplace … Continue Reading

[Podcast]: OFCCP Opens Hotline for Complaints of Race and Sex Stereotyping in Workplace Training

In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the Trump administration’s recent Executive Order on Combating Race and Sex Stereotyping, which restricts the concepts that government contractors can include in their employee diversity and awareness training programs.  It also imposes certain penalties and sanctions, including debarment for failure to comply. Tune … Continue Reading

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
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