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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Yoga Instructors Can Be Independent Contractors, Says NY Court of Appeals

Earlier this week, the New York State Court of Appeals in Yoga Vida NYC, Inc. v. Commissioner of Labor., No. 130 (N.Y. Oct. 25, 2016), issued a rare decision concerning an unemployment determination, reversing the Appellate Division and concluding that the employer yoga studio did not exercise sufficient control over certain of its instructors to create … Continue Reading

Reminder – Montgomery County, Maryland Employers: The Earned Sick and Safe Leave Act Is Now In Effect

On October 1, 2016, the Montgomery County, Maryland Earned Sick and Safe Leave Act (the “Act”) went into effect.  As a reminder, the Act, provides paid sick leave to all employees working in Montgomery County, Maryland (the “County”), regardless of how many workers an employer employs.  In addition to the various other obligations under the … Continue Reading

EEOC Reported To Be Close To Issuing New EEO-1 Regulations

As reported today in Politico, the EEOC’s final regulations revising the EEO-1 report will be released this week. The new regulations will revise the annual EEO-1 report to require employers to provide certain wage and hour data regarding their employees to the EEOC on an annual basis.  Our blog post on the proposed rule can be … Continue Reading

Maryland Employers: Are You Ready? The Maryland Equal Pay for Equal Work Act Goes Into Effect October 1, 2016

Maryland’s Equal Pay for Equal Work Act (the “Act”) is scheduled to take effect on October 1, 2016.  The Act amends Maryland’s existing Equal Pay law, expanding its protections against wage discrimination on the basis of sex in a number of significant ways.  The Act represents another example of the growing trend of new pay … Continue Reading

Oklahoma Partners With U.S. DOL to Investigate Worker Misclassification

On September 13, 2016, Oklahoma became the 35th state to enter into a partnership with the U.S. Department of Labor (U.S. DOL) to share information and conduct joint investigations regarding independent contractor misclassification.  Oklahoma represents just the latest in a flurry of new participants in the U.S. DOL’s Misclassification Initiative, which was launched in 2010 … Continue Reading

North Carolina and Nebraska Join 32 Other States In Agreeing To Partner With U.S. DOL to Investigate Worker Misclassification

Just last month we reported that Pennsylvania had entered into a memorandum of understanding (“MOU”) with the U.S. Department of Labor (“U.S. DOL”), agreeing to share information and conduct joint investigations regarding independent contractor misclassification.  Now two more states have joined the U.S. DOL in this effort. In the past week, North Carolina and Nebraska … Continue Reading

New Arizona Independent Contractor Law Now In Effect

Arizona’s “Declaration of Independent Business Status” law went into effect earlier this month. The new law, which appears to be the first of its kind, aims to provide independent contractors and the businesses that engage them greater certainty with respect to their employment status. Under the new law, independent contractors may sign a Declaration of Independent … Continue Reading

Pennsylvania Department of Labor and U.S. DOL Agree to Work Together Against Misclassification

The U.S. Department of Labor (“U.S. DOL”) and the  Pennsylvania Department of Labor and Industry recently signed a memorandum of understanding to share information and conduct joint investigations regarding independent contractor misclassification.  The agreement is part of the U.S. DOL’s Misclassification Initiative, the stated goal of which is to “combat employee misclassification and to ensure … Continue Reading

EEOC Announces Revised EEO-1 Rule

The EEOC published its revised EEO-1 Rule, responding to a number of comments submitted following the issuance of its proposed rule in February 2016.  As a reminder, the EEOC proposed revising its EEO-1 report to require employers to provide certain wage and hour data regarding their employees to the EEOC on an annual basis.  Our … Continue Reading

D.C. Council Postpones Vote On Two Controversial Employment Bills

The D.C. Council has postponed votes on the Hours and Scheduling Stability Act (the “Scheduling Act”) and the Universal Paid Leave Act (the “Leave Act”), two controversial bills that would impose significant burdens on D.C. employers. The Scheduling Act seeks to impose burdensome restrictions on chain retailers’ and chain restaurants’ ability to schedule and hire … Continue Reading

Maryland Employers Be Aware: Effective Today Maryland’s State-Wide Minimum Wage Increases to $8.75 Per Hour And Montgomery County Increases Its Minimum Wage To $10.75 Per Hour

Today, the statewide minimum wage in Maryland increased from $8.25 per hour to $8.75 per hour.  This represents a regularly-scheduled increase as part of the Maryland Minimum Wage Act of 2014 (the “Act”), which will increase the minimum wage in Maryland from $7.25 to $10.10 per hour by July 2018.  The next scheduled increase under … Continue Reading

EEOC Chair Reveals That Agency Intends To Issue A Revised EEO-1 Rule

As reported in February 2016, the EEOC proposed revising its EEO-1 report to require employers to provide certain wage and hour data regarding their employees to the EEOC on an annual basis. The notice and comment period for the proposed rule closed on April 1, 2016. We previously wrote Proposed EEO-1 Revisions Requiring Production Of Pay … Continue Reading

District of Columbia Passes Minimum Wage Increase

Earlier this week, the D.C. Council unanimously approved a measure to increase the minimum wage from $10.50 to $15 per hour. Mayor Muriel Bowser has already pledged to sign the measure when it reaches her desk later this summer. Under the Fair Shot Minimum Wage Amendment Act of 2016 (the “Act”) (B21-712), the minimum wage … Continue Reading

Proposed EEO-1 Revisions Requiring Production Of Pay Data Published In Federal Register

On February 1, 2016, the U.S. Equal Employment Opportunity Commission’s (“EEOC’s”) proposed revisions to the Employer Information Report (“EEO-1”) were published in the Federal Register.  Our original post on the anticipated release of this publication can be found here.  With the publication, the EEOC also released a proposed revised version of the EEO-1 report, which … Continue Reading

President Obama Expected To Announce New EEO-1 Pay Equity Reporting Requirements

Today, President Obama is expected to announce new pay equity reporting requirements that would require employers to disclose information concerning compensation and hours worked with their annual EEO-1 reports. According to an EEOC publication in the Federal Register, starting in 2017, employers with more than 100 employees will be required to report “W-2 earnings and … Continue Reading

Public Hearings Held On Two Additional District of Columbia Employment-Related Bills

On Tuesday, January 26, 2016, the D.C. Council held a joint public hearing on two employment-related bills. Both the video and audio recordings of the hearing are available on the D.C. Council’s website. The first bill addressed at the joint public hearing was the Fair Credit History Screening Act of 2015 (Bill B21-0244). This bill … Continue Reading

D.C. Council Introduces Legislation to Protect Retail and Food Service Employees

On December 1, 2015, the D.C. Council introduced legislation that would establish standards for retail and food service employers in D.C.  The legislation, the Hours and Scheduling Stability Act of 2015 (Bill B21-0512) (the “Act”) seeks to impose a host of new protections for employees of large retail and restaurant chains.  D.C. Councilmembers Mary Cheh, Brianne … Continue Reading

North Carolina Governor Signs Executive Order on Worker Misclassification

On December 18, 2015, North Carolina Gov. Pat McCrory signed an executive order establishing an “Employee Classification Section” within the state’s Industrial Commission.  The Order, which took effect immediately, tasked this new Section with overseeing employee misclassification enforcement by receiving reports of employee misclassification and referring those reports to appropriate state agencies for further action.  … Continue Reading

D.C. Council Announces 2016 Hearing Dates for Universal Paid Leave Act

As we previously reported, on October 6, the D.C. Council introduced the Universal Paid Leave Act of 2015 (the “Act”). If passed, the Act would provide D.C. employees with the most generous statutorily-mandated leave benefits in the country. Under the proposed law, qualified individuals would be eligible to receive up to 16 weeks of paid … Continue Reading

Governor Cuomo Vetoes Bill Creating Independent Contractor Test For Newspaper Carriers

Gov. Andrew Cuomo signed several bills into law on Saturday, November 21, 2015.  However, one piece of legislation that did not make it past his desk was a measure that would have created a special test under which newspaper carriers could more easily be classified as independent contractors as opposed to employees for purposes of … Continue Reading

D.C. Council Introduces Bill Providing 16 Weeks Of PAID Leave to D.C. Employees

Yesterday (October 6, 2015), 7 of the 13 members of the Council of the District of Columbia introduced the Universal Paid Leave Act of 2015 (the “Act”). If passed, the Act would significantly impact employers and workers in D.C., as the legislation proposes to provide D.C. employees with the most generous statutorily-mandated paid leave benefits … Continue Reading

Vermont Department of Labor and U.S. DOL Agree to Work Together Against Misclassification

Yesterday the U.S. Department of Labor (“U.S. DOL”) and the Vermont Department of Labor (“VDOL”) signed a three-year memorandum of understanding to share information and conduct joint investigations regarding independent contractor misclassification.  The agreement is part of the U.S. DOL’s Misclassification Initiative, the goal of which is to prevent, detect, and remedy employee misclassification.  Just … Continue Reading

Alaska Department of Labor and U.S. DOL Agree to Work Together Against Misclassification

The U.S. Department of Labor (“U.S. DOL”) and the Alaska Department of Labor and Workforce Development recently signed a memorandum of understanding to share information and conduct joint investigations regarding independent contractor misclassification.  The agreement is part of the U.S. DOL’s Misclassification Initiative, the goal of which is to prevent, detect, and remedy employee misclassification.  Just last … Continue Reading

US Department of Labor Issues Administrator’s Interpretation Aimed At Limiting Independent Contractor Classification

As forecast in our June 12, 2015 blog post David Weil, Administrator of the Department of Labor’s Wage and Hour Division (WHD) has released Administrator’s Interpretation (AI) No. 2015-1, entitled “The Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the Identification of Employees Who Are Misclassified as Independent Contractors.”  The AI provides … Continue Reading
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