As employers, Federal Government contractors and subcontractors are subject to an intricate regulatory scheme. Businesses in this space recognize that a smart and thorough approach to compliance is an imperative because enforcement is a constant threat.

Our team includes Labor & Employment attorneys who are well-versed in guiding clients in complying with the evolving employment and labor-related laws and regulations affecting government contractors.

We pay meticulous attention to the accuracy of the data submitted so that our interactions with the government are streamlined and efficient. Our attorneys are often able to demonstrate to government regulators that an audit should be closed at the outset, thereby minimizing the expense and time spent dealing with the government.

OFCCP

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs enforces an array of affirmative action and non-discrimination requirements.

Our attorneys guide clients in working to satisfy OFCCP expectations, including compliance with:

• Executive Order 11246
• Section 503 of the Rehabilitation Act of 1973
• Vietnam Era Veterans’ Readjustment Assistance Act of 1974

We assist in the creation and review of affirmative action plans and compliance policies, and lead in the preparation for OFCCP compliance reviews and preventive audits.

Service Contract Act

The SCA imposes a complex set of wage and fringe benefit payment and related obligations. Failure to comply can result in contract termination or even debarment from federal contracting in addition to back wage or fringe benefit liabilities.

Our attorneys guide contractors on the full range of SCA issues, as well as wage and hour requirements and pension contribution issues. We also advise clients on obligations that arise under the Federal Acquisition Regulation Nondisplacement rules, which at times mandate that contractors offer jobs to SCA-covered employees of predecessor contractors.

Davis-Bacon and Related Acts

Many federally funded construction projects are subject to the Davis-Bacon and Related Acts (DBRA), and the U.S. Department of Labor is particularly aggressive in monitoring and enforcing compliance with these laws.

We assist businesses subject to these laws with internal reviews to determine contractor and subcontractor compliance with DBRA requirements. We also prepare for DBRA audits, including those arising under the American Recovery and Reinvestment Act of 2009 (ARRA), which encompasses the DBRA requirements.

Project Labor Agreements

Our team also includes attorneys well-versed in the issues that arise in using Project Labor Agreements (PLA) for federal construction projects. A PLA is a pre-hire collective bargaining agreement that aims to systemize labor relations at a construction site. Current law in this area is governed by an executive order that empowers federal agencies to require contractors to enter into PLAs for “large-scale” construction projects with a total cost exceeding $25 million.

While the EO and its implementing regulations apply only to large-scale projects, businesses should be aware that agencies are not prohibited from mandating PLAs for projects below the $25 million threshold. As a result, contractors submitting bids on construction projects should be particularly careful when reviewing contract solicitations.

General Employment Litigation

Federal contractors are also subject to the state and federal laws that apply to all employers, including Title VII, the ADA and the ADEA. Our attorneys have experience in litigating matters involving the full range of employment issues, including claims of age, disability, sex and race discrimination and retaliation; sexual harassment; wrongful discharge; whistle-blower violations, noncompete, nondisclosure and trade secret disputes; defamation; fraud; invasion of privacy; public policy violations; and a wide variety of other common law and statutory claims arising in the employment context.

Workplace Training

A rapidly increasing number of states and localities have laws or regulations that require employers to conduct a wide variety of workforce trainings. Even when training is not mandated by law, employers are advised to be proactive and to provide training to both managers and employees on a regular basis. Best practices also suggest that preventative training increases employee satisfaction and retention. 

FLSA and Wage-and-Hour Laws

Wage and hour concerns represent one of the most substantial potential liabilities employers face today. Every employer, regardless of size, is vulnerable to these claims, and the costs of defending, settling or (worst of all) losing can be extreme. Both federal and state laws govern this area, with state law typically more restrictive and expansive than the federal counterparts. Because of the maze of wage and hour rules and regulations, the number of ways for employers to run afoul of the law is vast, and the penalties for even minor violations can far exceed the arguable harm caused. Those regulations, paired with increased government enforcement actions, a more activist plaintiffs’ bar and a wealth of information available at employees’ fingertips, pose significant challenges for employers.

Fox Rothschild’s nationwide team of labor and employment attorneys has years of experience working with employers in a wide range of industries. From that experience, we understand that the only way for employers to “win” a wage dispute is to avoid the dispute in the first place. We guide clients on how to comply with the various wage and hour laws they face and are available to audit their current payroll practices and correct areas that may be out of compliance with the ever-changing wage and hour rules governing their businesses.

Labor Management Relations

Fox is home to attorneys who have been recognized as among the premier management-side labor attorneys in the United States. Our lawyers are known as aggressive advocates on behalf of employers, but are also respected by their union counterparts. We provide clients with innovative solutions to meet and exceed their needs while also offering cost-effective representation on a wide range of issues.