We help clients adhere to prevailing federal and state wage requirements by analyzing coverage and exemption issues; evaluating employee classifications; ensuring contractors meet regulatory standards for bona fide fringe benefits under the Service Contract Act, the Davis-Bacon Act, and the Davis-Bacon Related Acts; addressing implementation or recission of executive orders related to the minimum wage for workers in new federal contracts; applying overtime pay rules under the FLSA and differing state standards; and counseling on executive compensation plans and related practices.

Employee Benefits

Wage and Hour

We counsel contractors on the day-to-day impact on their operations and business relationship with the government caused by individual contractee demands and broad bedrock legislation. Issues include FAR and DFAR mandates and gap analyses; the federal Drug-Free Workplace Act; the Affordable Care Act and the entire range of leave and benefits-related issues, particularly responses to the government requesting removal from the contract of employee(s) from heightened protected categories or needing to approve certain employee accommodations.

Disability, Leave and Health Management

Drug Testing and Substance Abuse Management

Our counsel in the highly regulated and rapidly changing area of government contractor equal employment opportunity and affirmative action requirements helps ensure non-discriminatory practices across all affirmative action, disability and veteran statutes and executive orders. Services include helping clients respond to ne Executive Orders, designing and reviewing affirmative action plans (AAPs); conducting vulnerability audits and statistical analysis; defending federal and state agency investigations and audits; complying with state and federal EEO data and pay reporting requirements; and addressing DEI challenges for federal contractors including new certification requirements and audits.

Affirmative Action, OFCCP and Government Contract Compliance

Certifying contracting compliance requirements can be complex, and even inadvertent misrepresentation can lead to significant legal and financial risks from private whistleblowers and public investigations. We defend contractors from allegations of government fraud under the False Claims Act, the National Defense Authorization Act and other whistleblower statutes. We assist contractors in self-reporting and complying with civil investigative demands and audits from DOJ and OIG. We represent clients in DOL investigations and before the DOL's Administrative Review Board on all laws enforced by the DOL. We help contractors comply with the Foreign Corrupt Practices Act and conduct investigations of alleged fraud in connection with defense contracts and major public works.

Corporate Governance and Investigations

White Collar and Government Enforcement

Our labor law, employment and workforce counseling for contractors includes advising on National Labor Relations Act successorship rules, as well as all aspects of labor law; project labor agreements; restrictive covenants, including protecting key personnel and contracts open for re-bid; limiting liability for customer staffing decisions; immigration issues; and complex reduction in force, WARN Act, and related pay + benefits issues, when the government shuts down or contracts or grants are unexpectedly terminated.

Labor Relations 

Reductions-in-Force/WARN Act 

Restrictive Covenants, Trade Secrets and Unfair Competition

As states continue to diverge from the federal government on equal opportunity, pay transparency, benefits and other contractor requirements, we help contractors efficiently manage across the differences to maintain their eligibility for government contracts. Our risk-minimization approach to regulatory adherence includes compliance management services like risk assessments, compliance program development and training, and technology-enabled solutions to streamline the extensive and resource intensive workforce-related documentation, reporting and monitoring processes. 

National Compliance and Multi-State Solutions

We provide counseling, risk assessments, and incident response planning and representation for all contractual challenges associated with ensuring privacy, securing data within and outside an organization, and assuring that all contractually identified tech, goods and services meet federal restriction standards. Relevant statutes and regulations include FedRamp, the Federal Information Security Management Act of 2002, the Privacy Act of 1974, CMCC, ITAR, EAR and more.

Privacy, Data and Cybersecurity

We can assist in various ways throughout the contract lifecycle, including counseling certified small businesses, minority and women-owned contractors, and Alaska-native corporations; advising on joint-venture, teaming and sponsorship agreements; and helping contractors develop compliance and whistleblower programs, including hotlines, as contractually required. We also assist contactors with personnel issues related to security clearances and human trafficking regulation compliance.

We represent government contractors in various transactional matters, including performing employment, personnel, benefits, non-competition and restrictive covenant, and labor-related due diligence for mergers, acquisitions, consolidations, spin-offs, restructurings and other corporate transactions. Unlike a general services firm, our workplace focus and expertise let us provide best-in-class advice on the personnel issues that often impact corporate transactions. Our attorneys coordinate deals as outside general counsel for contractors, negotiating and drafting corporate documents, interfacing with teams of outside counsel, investors, CPA firms and finance teams, and conducting closing and post-closing management and integration.

Transactional Services

We handle annual and semi-annual state-mandated data for companies in all industries across the country, including California Pay Data Reports, Illinois Equal Pay Registration Certificates, BLS-related surveys and many other state-specific data reporting requirements. Serving as a “one stop shop” for government reporting requirements, we provide counsel on regulatory obligations; assist in developing reporting structures; collect, organize and report employee data in compliant formats; and work collaboratively with our data analysts to take state data reporting obligations off our clients’ plates by interfacing with state and local governments on their behalf to ensure continued compliance.

Workplace Analytics and Preventative Solutions