Employment Advice for Government Contractors

Winston & Strawn has successfully represented government contractors on all phases of the public contracting process, including obtaining and structuring contracts, contract negotiation, the development of compliance programs, the handling of protests, and other contract claims and dispute resolution for more than 30 years. Attorneys in the firm's labor and employment relations practice advise government contractors on the many unique employment issues and obligations that arise in the government contracts context, including the following areas:

• Defending government contractors against claims of whistleblower retaliation under the various laws applicable to government contractors, including Qui Tam actions filed under the False Claims Act and whistleblower retaliation claims under the federal Sarbanes-Oxley Act.
• Counseling employers with respect to the investigation of internal and external complaints brought under federal conflicts of interest and integrity laws, including provisions that prohibit contractors and their employees from accepting or offering kickbacks for or on government contracts and provisions restricting the ability to solicit and recruit government employees.
• Assisting in the design, maintenance, and implementation of written affirmative action plans (AAPs) that are consistent with applicable laws, regulations, and OFCCP guidelines.
• Representing federal contractors in OFCCP audits, including assisting with final preparation and review of AAPs, reviewing and analyzing support documentation, providing counsel regarding strategy and preparation for an on-site audit, and negotiating with the OFCCP to resolve any issues that may arise during the audit.
• Conducting statistical analyses related to internal monitoring and reporting, including adverse impact analyses, JAAR analyses, and compensation analyses.
• Representing contractors in administrative proceedings arising from OFCCP audits.
• Providing advice and counsel on compliance with Executive Order 11246 and federal employment statutes such as the Vietnam Era Veterans’ Readjustment Assistance Act and the Rehabilitation Act.
• Counseling on the outsourcing of government functions to private contractors, as well as the transition of work from one contractor to a subsequent contractor.