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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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

Montgomery County, Maryland Passes Earned Sick and Safe Leave Bill

On June 24, 2015, the Montgomery County, Maryland Council unanimously approved the Earned Sick and Safe Leave Bill (the “Bill”). The Bill, which goes into effect on October 1, 2016, provides paid sick leave to all employees working in Montgomery County, Maryland (the “County”). Employers therefore have a little over a year to ensure they … Continue Reading

DOL To Issue Independent Contractor Guidance

According to an Article in Law360, on June 5, 2015, David Weil, Administrator of the Department of Labor’s Wage and Hour Division, stated that his Office is preparing to release guidance addressing how to assess whether a worker is properly classified as an independent contractor.  Weil made the announcement at New York University’s 68th Annual … Continue Reading

DC DOES Clarifies The Zip Code Project And Releases Spanish Pay Notices For The Wage Theft Amendment Act

As discussed in our previous post (available here), the DC Department of Employment Services (“DOES”) announced an upcoming enforcement program called The Zip Code Project (the “Project”). Now, DOES has released a notice to employers relating to the Project (available here). DOES investigators will be conducting city-wide foot patrols of DC businesses to ensure compliance … Continue Reading

Maryland Passes Bill Protecting Interns From Employment Discrimination

On April 14, 2015, an act protecting interns in Maryland from employment discrimination officially became law. As of October 1, 2015, employers are prohibited from discriminating against interns with respect to the terms, conditions or privileges of their internships (including offering and terminating internships), on the basis of the individual’s race, color, religion, sex, age, … Continue Reading

Virginia’s Social Media Law Continues Growing Trend

Virginia is now the nineteenth state to provide increased social media protections to prospective and current employees, joining Arkansas, California, Colorado, Illinois, Louisiana, Maryland, Michigan, Nevada, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, Tennessee, Utah, Washington, and Wisconsin. Effective July 1, 2015, Virginia’s law will prohibit an employer from requiring a prospective … Continue Reading

D.C. DOES Provides Additional Guidance On The D.C. Wage Theft Prevention Amendment Act And Reveals New “Zip Code” Program For D.C. Employers

On Thursday, March 12, 2015, the District of Columbia Department of Employment Services (“DOES”) hosted its first Webinar regarding the D.C. Wage Theft Prevention Amendment Act (the “Act”), and its subsequent amendments. Our previous blog posts on the Act can be found here, here, here, here, and here. This post addresses the main points of clarification … Continue Reading

D.C. Issues Template Pay Notice And Guidance To Employers on the Wage Theft Prevention Amendment Act

On February 26, 2015, the D.C. Wage Theft Prevention Amendment Act (the “Act”) became law in the District of Columbia. As discussed in our previous blog posts and original client alert on the Act (available here, here, here, here and here), the Act made significant changes to several employment laws in the District of Columbia … Continue Reading

The D.C. Wage Theft Prevention Amendment Act Goes Into Effect Today – What D.C. Employers Need To Know

Today, the highly anticipated – and already twice-amended – D.C. Wage Theft Prevention Amendment Act (the “Act”) goes into effect for Washington, D.C. employers. In November 2014, then-D.C. Mayor Vincent Gray, signed the Act, which includes, among other things, a new pay notice requirement, increased penalties and damages for violating various D.C. employment laws, and … Continue Reading

DC Council Proposes Common Sense Relief to DC Employers From the Wage Theft Prevention Act

Employers in the District of Columbia have been assessing how to deal with the requirements of the Wage Theft Prevention Act of 2014 (the “2014 Act”) since the 2014 Act was passed last year.  Among other things, the 2014 Act requires employers to issue wage notices to employees in their “primary” language.  It also requires … Continue Reading

Senate Democrats Weigh In On Revising FLSA Exemptions

As anyone who follows wage and hour matters is aware, the U.S. Department of Labor (“DOL”)—at the urging of the White House—is currently revising its regulations regarding who is exempt from the overtime requirements of the Fair Labor Standard Act (“FLSA”).  One of the key anticipated changes is an increase to the “salary basis” test, … Continue Reading

NJ Supreme Court Clarifies Independent Contractor Standard under State Wage Laws

Last week, New Jersey’s highest court ruled in Hargrove v. Sleepy’s, LLC, No. A-70-12 (Jan. 14, 2015), that the so-called “ABC test” applies when determining whether a worker is an employee or independent contractor under the New Jersey Wage Payment Law (“WPL”) and Wage & Hour Law (“WHL”).  That test presumes an individual is an employee … Continue Reading

D.C. District Court Vacates Regulation Impacting Overtime Eligibility Under Companionship Exemption

On December 22, 2014, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and overtime exemptions for “companionship” domestic service workers.  The regulation was scheduled to go into effect on January 1, 2015.  On December 31, 2014, the Court … Continue Reading

Rhode Island Establishes Tip Line For Worker Misclassification

Rhode Island’s Joint Task Force on the Underground Economy and Employee Misclassification announced earlier this month that it has set up an anonymous telephone tip line for reporting allegations of independent contractor misclassification.  The Task Force was established to reduce worker misclassification.  It consists of representatives from Rhode Island’s Department of Labor and Training (DLT), the … Continue Reading
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