Government contracts can offer many business advantages, but they also involve complex requirements and costly risks, many of which relate to a contractor’s workforce. Building on Littler’s position as the world’s largest employment and labor law practice representing management, we have substantial experience representing our government contractor clients with virtually every aspect of employment/labor-related federal and state legislation and regulations.
Littler has represented hundreds of government contractors — from Fortune 100 companies to small and mid-size public and private firms. Currently we represent 75 of the 100 largest government contractors in the United States, based on total contracting dollars. These companies span a range of industries, from aerospace, defense and banking to healthcare and information technology. Our team of attorneys understands both the legal and business implications of operating as a government contractor. We recognize that government contractors and subcontractors are subject to an array of unique labor and employment laws and work with our clients to understand these complicated requirements that are often broadly applied and vigorously enforced.
A sampling of Littler’s engagements in this space includes:
- Enforcing non-compete and other restrictive covenants and protections during the course of the competitive bidding process on behalf of government contractors;
- Helping hundreds of clients comply with OFCCP’s regulations, including preparing and implementing affirmative action programs and representing clients in OFCCP compliance reviews;
- Experience handling government audits involving the Davis-Bacon Act (DBA), including counseling employers regarding all aspects of the prevailing wage obligations;
- Extensive experience involving the McNamara-O’Hara Service Contract Act (SCA) and the Walsh-Healey Public Contract Act, including but not limited to handling DOL audits, variance proceedings, submissions to qualify various benefits as bona fide fringe benefits and qualifying self-insured health insurance plans as sufficient under the SCA, and counseling employers on all areas of the SCA;
- Testifying before Congress and participating in meetings and hearings held by executive agencies and the EEOC on issues of importance to the contractor community, including commenting on proposed regulations.
The Benefits of Littler’s Approach
Employers contracting with the government can utilize the combined knowledge and experience of our team to help minimize risk and uncertainty, protect the company and facilitate business objectives.
Littler’s Government Contracts team consists of more than 30 attorneys throughout the United States — our practitioners have worked in the past for the National Labor Relations Board (NLRB), the U.S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC). Our collective experience also spans the Internal Revenue Service, Social Security Administration, Department of Justice, Department of Health and Human Services, International Labour Organization, and congressional staff. Littler is currently home to the former Administrator of the Wage and Hour Division of the U.S. Department of Labor.
In addition to our general complement of labor and employment services, our areas of focus for government contractors include the following:
- Working with the firm’s Competition and Trade Secrets practice to advise on unfair business competition issues, including non-compete covenants and trade secret issues that arise in the bid process;
- Working in tandem with the firm’s OFCCP practice to advise clients on the detailed regulations involved with anti-discrimination laws, affirmative action statutes and audits;
- Collaborating with Littler’s Workplace Policy Institute® (WPI) to provide answers about the Administration’s recent Executive actions;
- Advising on employment issues related to whistleblowers under Sarbanes-Oxley (SOX), Dodd-Frank, the False Claims Act, and others;
- Structuring conditional offers in anticipation of contract awards;
- Drafting and negotiating employment and executive agreements, including non-compete and non-disclosure provisions in acquisition settings and otherwise;
- Addressing immigration issues associated with overseas deployments;
- Advising on joint employer liability issues, as it applies to teaming partners and/or the government client;
- Assisting employers with agency investigations and, if needed, representing them in litigation;
- Addressing wage and hour compliance issues; and
- Advising on WARN and other related issues that arise due to government shutdowns, sequestrations, and other unexpected government developments.