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2018 Government Contractor Employment Law Symposium

Thursday, May 3, 2018
8:00 a.m. – 5:00 p.m.

Hyatt Regency Reston
1800 Presidents Street
Reston, VA 20190

Registration fee is $150 and includes breakfast, lunch, cocktail reception, parking and materials. Register now, space is limited.

Join Jackson Lewis P.C. for a look ahead to the anticipated trends for government contractors in 2018 and beyond. The full-day program will include discussions on pay equity, cybersecurity concerns specific to federal contractors, immigration, joint ventures in government contracts, an executive order update and additional areas impacting the workplace.

Join a multi-disciplinary team of attorneys from national employment law firm Jackson Lewis, along with guest speakers from the government contracting firm Smith Pachter, for a full-day of presentations, interactive discussions and practical solutions addressing these and other pressing labor and employment developments.

This unique, fast-paced, intermediate-to-advanced level seminar is geared towards in-house counsel, management and HR professionals.

Jackson Lewis reserves the right to refuse participation to anyone other than a bona fide management representative.

Plenary Sessions

Mind the Gap: Why Pay Equity Remains a Major Concern for Employers
Throughout the past year and despite a new administration, we have seen the movement around pay equity and closing the “pay gap” continue to pick up steam. While the proposed EEO-1 pay data reporting tool has been postponed indefinitely, now is not the time to relax. New aggressive pay equity laws are being rolled out across the country state by state; activist investors are pressuring companies to publicly disclose their pay gaps; and the federal EEO agencies, including OFCCP, continue to press employers on pay equity issues. With the #MeToo movement further fueling the spotlight on gender inequities, it’s safe to say that “pay” remains a top concern for employers. In this session, we will discuss developments in the pay equity arena and provide practical advice for employers who are facing external and internal pressure to address pay equity. 
 
Cybersecurity Requirements for Government Contractors Continue to Tighten 
Government contractors face increasing regulation at the federal and state level concerning cybersecurity. Compliance failures can lead to more than just a data breach, it can lead to the loss of current and future government work. This session will discuss recent developments, such as the DFAR requirements for implementation of the NIST special publication 800-171 standards, and the movement of other federal agencies toward a similar standard. The session also will address recent cybersecurity developments at the state level. 

Anti-Human Trafficking Regulations: Broader Than You May Realize
Does your company sell goods or services in the U.S. government supply chain? Does the company have an anti-human trafficking policy or program? Join us to learn more about the regulatory requirements imposed on all federal contractors to combat human trafficking. Depending on the dollar value of the federal contract or subcontract, compliance obligations range from minimal to full-blown programs, including compliance certification. This session will provide guidance and best practices on both sets of obligations.

Teaming Arrangements and Joint Ventures in Government Contracts: What Companies Should Consider Before Pairing Up
Companies often seek partnerships, joint ventures or prime/sub teaming arrangements to pursue federal contracts. The Federal Acquisition Regulation considers these arrangements “desirable” when they allow companies to complement each other’s unique capabilities and offer the government a better combination of performance and cost. This session will discuss important considerations when seeking to team with another company, including the different forms a teaming arrangement can take, the benefits and risks involved and best practices to avoid disputes.

U.S. Department of Labor Wage and Hour Division and Related Executive Orders Updates
 What regulatory, sub regulatory and enforcement initiatives and changes have occurred under the Trump Administration, and what can we expect in the future? Who is running the show at the Wage and Hour Division (WHD) in the absence of a confirmed Wage and Hour Administrator? What are we seeing in WHD audits? What changes are being made to overtime regulations? Finally, we will discuss which Obama-era Executive Orders affecting contractors remain on the books, despite President Trump targeting them for revocation.

Paid Leave Mandates: Navigating the Complex Web of Federal, State and Local Laws
The ever-shifting landscape of paid leave requirements has increased confusion, costs and administrative burden for federal contractors. Presidential Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors, is in effect and state and local governments continue to pass and implement their own leave requirements. Contractors, now more than ever, need to pay close attention to how these mandates impact their companies. Break through the confusion and come learn how to navigate this complex interaction of laws. In this session, you will hear about recent trends and outlook on paid leave efforts at all levels of government. Take home practical advice to successfully bid and compete for contracts in different locations with multiple requirements.

Whistleblowing at Government Contractors: Understanding a 2013 Law that Greatly Expanded Employee Whistleblowing Rights to Government Agencies
In 2013, Congress passed a whistleblower law directed specifically at government contractors (the National Defense Authorization Act of 2013). This law allows employees of government contractors to complain to the Office of Inspector General about a whole host of issues. This law has a significant impact on government contractors facing more OIG investigations and lawsuits than ever before. This session will explain the contours of this law, what we have learned from the early court decisions and most importantly, how your company should be prepared to handle an OIG investigation.

Breakout Sessions

Whistle-blowing Claims Under the False Claims Act:  How to Protect Your company After the Escobar Case
Lean about key concepts and developments surrounding the False Claims Act and related statutes. We will also cover tips for building a responsive internal culture which identifies and addresses concerns as they arise —  before they turn into litigation headaches — as well as strategies for managing claims if they happen.

Important Benefits Updates for Government Contractors
Repealing the Affordable Care Act did not happen as intended by the Trump Administration, but gradual dismantling of key provisions persists. This rapid-fire session will provide an overview of what’s new, and what to expect, regarding employer group health benefit legislation and certain other employee benefit matters. 

Recent Updates in the Trump Administration’s “Buy American” Initiatives, the Buy American Act, and the Trade Agreements Act
In his inaugural address, President Trump described his economic agenda as “Buy American and Hire American.” President Trump has issued Executive Order 13788, directing the government to enforce and strengthen existing domestic preference laws. The Senate heeded the call and introduced the BuyAmerican.gov Act legislation that seeks to, among other things, restrict the use of exemptions to “Buy America.” This session will discuss important aspects of existing domestic preference laws, such as “Buy America,” Trade Agreements Act and similar Department of Defense regulations. The focus of the session will be on compliance with existing laws and a discussion on how the changes in the domestic preference laws will impact doing business directly or indirectly with the federal government. 

The ICE Crackdown — Its Impact on Federal Contractors
President Donald Trump has made immigration compliance a critical priority. He has issued Executive Orders focusing on protecting U.S. workers and dis-incentivizing employment of undocumented workers. The penalties for non-compliance can be severe. On September 28, 2017, ICE announced a $95 million criminal plea agreement and civil settlement involving unlawful employment of illegal workers. The risks of non-compliance for federal contractors are particularly significant as violations can result in debarment from federal contracts. At the same time, some states are enacting laws aimed at limiting cooperation with the federal government and penalizing businesses that do so. In this session, we will discuss the new enforcement environment and how federal contractors can best navigate through the myriad requirements to remain compliant.   

Addressing Sexual Harassment Claims in a New Era
The #MeToo movement has drawn near-daily attention — and more varied perspectives — to the dialogue about sexual harassment at work. Assumptions and stereotypes are being challenged, affecting how counsel and HR professionals should handle sexual harassment allegations. Government contractors face unique challenges: the complaining party, the accused, key witnesses may be employed by the client, or at the client’s site. In such highly-charged circumstances, how can you safeguard a company and its client relationship? In this session, we will discuss how the #MeToo movement has impacted best practices, and how these best practices can be utilized when you do not have full access to all the relevant parties. 

Employment, Confidentiality, Non-solicitation and Non-competition Agreements – Challenges and Opportunities for the Federal Contractor
This presentation will discuss alternative strategies for using confidentiality, non-solicitation, and non-competition agreements to protect valuable trade secrets, customer and partnering relationships, and investments in key employees.

Agenda

8:00 – 8:30 a.m. Registration and Breakfast
8:30 – 8:35 a.m. Welcome
8:35 – 9:05 a.m. Whistleblowing at Government Contractors: Understanding a 2013 Law that Greatly Expanded Employee Whistleblowing Rights to Government Agencies
9:05 – 9:35 a.m. U.S. Department of Labor Wage and Hour Division and Related Executive Orders Updates
9:35 – 10:05 a.m. Cybersecurity Requirements for Government Contractors Continue to Tighten
10:05 – 10:25 a.m. Break
10:25 – 10:55 a.m. Anti-Human Trafficking Regulations: Broader Than You May Realize
10:55 – 11:25 a.m.  Teaming Arrangements and Joint Ventures in Government Contracts: What Companies Should Consider Before Pairing Up
11:25 a.m. – 12:00 p.m. Paid Leave Mandates: Navigating the Complex Web of Federal, State, and Local Laws
12:00 – 1:00 Lunch
Breakout Sessions:  
1:00 – 1:40 The ICE Crackdown — Its Impact on Federal Contractors  OR  Whistle-blowing Claims Under the False Claims Act:  How to Protect Your company After the Escobar Case
1:45 – 2:25 Employment, Confidentiality, Non-solicitation and Non-competition Agreements – Challenges and Opportunities for the Federal Contractor OR Important Benefits Updates for Government Contractors
2:30 – 3:10 Addressing Sexual Harassment Claims in a New Era  OR Recent Updates in the Trump Administration’s “Buy American” Initiatives, the Buy American Act and the Trade Agreements Act
3:10 – 3:30 BREAK
General Session:  
3:30 – 4:15 Mind the Gap: Why Pay Equity Remains a Major Concern for Employers
4:15 – 5:00 Cocktail Reception