Federal Contractors, DEI, and Employment: Executive Order Defining Illegal Actions; New Obligations; Compliance Issues

Mr. Brenner 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. He also represents employers in all aspects of employment and labor litigation and counseling, including in both single-plaintiff and class action matters, 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. Mr. Brenner 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.

Ms. Gregston brings depth, diligence, and precision to labor and employment matters that demand both technical expertise and practical judgment. Her practice spans federal contractor compliance, transactional due diligence, and day-to-day employment counseling, giving clients a trusted advisor who understands how regulatory obligations intersect with business strategy. Ms. Gregston helps employers navigate the evolving landscape of OFCCP obligations, pay equity, diversity and inclusion initiatives, and AI in HR developments. She represents clients before the Department of Labor, OFCCP, EEOC, and the Texas Workforce Commission, guiding them through audits, investigations, and enforcement proceedings. Ms. Gregston counsels boards and C-suite executives on the employment dimensions of mergers and acquisitions, joint ventures, corporate reorganizations, and divestitures—conducting labor and employment due diligence and risk assessments for complex, multi-national transactions. She also advises on workforce integration and separation considerations, helping clients align people strategy with deal objectives.

Ms. Nash serves as Chair of the firm’s Labor & Employment Group, one of the few legal practices in the U.S. with a multi-jurisdictional labor and employment practice dedicated to advising government contractors on their compliance obligations. She is also a member of the firm’s Construction Industry Team, where she focuses on matters arising under the Davis-Bacon Act and prevailing wage requirements. Ms. Nash advises government contractors and commercial businesses on a wide variety of labor and employment issues, including the Fair Labor Standards Act, the National Labor Relations Act, Office of Federal Contract Compliance Programs regulations, and anti-discrimination law. Her practice also includes counseling employers on terminations, labor relations matters, employment agreements, wage and hour issues, and employment practices and policies.