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White House: Federal contractors should disclose pay, not receive salary histories

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Andrew Turnbull and Keniece Y. Gray published an article, reposted on Westlaw Today, titled “White House: Federal contractors should disclose pay, not receive salary histories.” 

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Andrew Turnbull and Keniece Y. Gray published an article, reposted on Westlaw Today, titled “White House: Federal contractors should disclose pay, not receive salary histories.” The pair examined the Biden administration’s proposed rule requiring federal contractors to disclose compensation in job postings, while preventing them from obtaining applicants’ compensation history.Read the <a href="https://today.westlaw.com/Document/I3679d306cd0811ee8921fbef1a541940/View/FullText.html?transitionType=Default&contextData=(sc.Default)&VR=3.0&RS=cblt1.0&firstPage=true" target="_blank">full article</a>.

White House: Federal contractors should disclose pay, not receive salary histories

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Andrew co-chairs the firm’s Global Employment and Labor Group. He represents companies on a broad range of labor and employment litigation and counseling matters, successfully defending clients in number complex matters before federal and state courts and administrative agencies. A primary focus of his practice involves helping companies navigate the unique employment issues that arise when doing business with the federal government, such as:<ul><li>OFCCP compliance</li><li>Creating and implementing affirmative action plans</li><li>Defending OFCCP audits and onsite investigations</li><li>Conducting mock pay equity audits</li><li>Drafting and developing business ethics policies and programs</li><li>Complying with the Service Contract Act, E-Verify, and the Drug Free Workplace Act</li></ul>He is also well-versed in defending clients against claims alleging trade secret misappropriation, breach of post-employment restrictions, wage-and-hour violations, discrimination, and retaliation.Andrew routinely develops practical, proactive strategies to help employers minimize risk on various human resource matters. Andrew regularly advises clients on:<ul><li>EEO and diversity</li><li>Wage-and-hour</li><li>High-stakes employee terminations</li><li>Executive disputes</li><li>Reductions in force</li><li>Leaves of absence</li><li>Accommodations</li><li>Pay equity</li><li>Employee selection processes</li><li>Employment testing</li><li>Contingent workers </li><li>Policy development and application</li></ul>In addition, Andrew advises on a wide range of employment transactional matters, such as drafting and negotiating executive employment agreements and separations, overseeing internal investigations and audits of employment issues, and conducting employment diligence on mergers, acquisitions, and other corporate transactions.He has significant experience advising technology and other companies on protecting against the loss of trade secrets, proprietary information, and current and prospective clients. Andrew also represents employers in matters involving union avoidance, negotiating and drafting collective bargaining agreements, handling union grievances, and avoiding and defending unfair labor practice charges.<h4>Federal Contractor Experience</h4><ul><li>Defended numerous OFCCP audits, including closing audits with a finding of no violations against a major accounting firm, a language learning software provider, and a technology consulting company</li><li>Obtained complete dismissal of a significant OFCCP complaint against a large aerospace and space transport company</li><li>Performed mock SCA audits for various contractors</li><li>Led labor and employment diligence for $1 billion acquisition of international security firm</li><li>Developed and overhauled numerous affirmative action plans and EEO training programs</li><li>Analyzed subcontractor status for numerous companies to determine OFCCP coverage, including for a large semiconductor manufacturer</li><li>Conducted E-Verify and I-9 audit for a national dispute consulting contractor</li><li>Performed “single entity” analysis for one of the largest mutual life insurance companies</li><li>Conducted pay equity audits for contractors, including for a software and consulting company</li><li>Obtained DOL approval under the SCA for self-funded fringe benefit program of an aviation and space contractor</li><li>Advised a multinational package delivery company on establishing program to conduct denied party screening under lists maintained by OFAC and BIS while minimizing risk of discrimination claims and compliance with background check laws</li><li>Advised a global coffee and coffeehouse chain on establishing hiring processes to avoid discrimination claims while complying with ITAR/EAR</li><li>Developed business ethics policies and programs for a large pharmaceutical manufacturer</li></ul><h4>Other Representative Experience</h4><ul><li>Defended education association against claims by former employers of two executives alleging breach of restrictive covenants and theft of trade secrets and confidential information</li><li>Obtained preliminary injunction enforcing a noncompetition agreement and other restrictive covenants against a former senior sales executive of a technology firm</li><li>Led internal investigation of sexual harassment claims against COO of a public real estate firm</li><li>Advised a global food manufacturer in avoiding litigation while terminating employee threatening whistleblower claims based on employer’s confidential information</li><li>Defended former senior executives of a global manufacturer of performance fabrics against allegations of misappropriation of trade secrets and breach of noncompetition agreements</li><li>Advised an entrepreneur in creating startup while minimizing risk of his former employer pursuing enforcement of restrictive covenants </li><li>Assisted a property management firm in navigating internal investigation of whistleblower claims related to alleged fraud, ethics violations, and sexual harassment by senior executive</li><li>Won motion for reconsideration convincing court to grant summary judgment in gender discrimination and retaliation case against a large DC employer </li><li>Obtained terminating sanctions and attorneys’ fees and costs for discovery violations in a discrimination suit against a large utility provider </li><li>Obtained favorable arbitration decision for a software company in claims by former executive alleging breach of his employment agreement</li><li>Advised a company board in navigating termination of CEO and successfully defended CEO’s breach of contract and wage claims</li><li>Defended numerous EEOC charges, including against a national event planner, a multinational professional services company, and an operator of research and development centers for the government</li><li>Defended and settled over 30 unfair labor practice charges against a national call center operator</li><li>Negotiated new collective bargaining agreements with four separate unions in bankruptcy of an international maritime shipping company</li><li>Awarded pro bono achievement award for defending a non profit in litigation and several administrative audits before the EEOC and state agencies related to a former employee’s whistleblower and discrimination claims, including defending multiple onsite investigations</li><li>Oversaw validation of pre-employment tests for a national food service distributor</li></ul>Prior to joining MoFo, Andrew was a human resources manager for an Inc. 500 company, ranked as one of the fastest-growing private companies in the United States.Andrew is a member of the steering committee and actively involved in the Washington Metro Industry Liaison Group. He is also a member of the firm’s global Environmental, Social, and Governance (ESG) steering committee.<h4>Rankings</h4><ul><li>Recommended for Government Contracts – Legal 500 US 2019 </li></ul>

Andrew Turnbull

Co-Chair, Global Employment and Labor Practice

Keniece Gray is an associate in the Litigation Department of Morrison Foerster’s Washington, D.C. office.Keniece’s practice involves employment litigation and counseling. She litigates various employment disputes involving discrimination complaints, harassment and retaliation claims, and charges, audits, and enforcement actions by the Equal Employment Opportunity Commission, Office of Federal Contract Compliance Programs, and other similar civil rights agencies. Keniece also advises companies on workplace policies and procedures, diversity, equity, and inclusion plans, wage and hour issues, and reductions-in-force, and assists with the employment dimensions of corporate transactions including due diligence and agreement drafting.  Before joining Morrison Foerster, Keniece was a summer associate and law clerk at MoFo and a judicial extern for the Hon. Amit P. Mehta in the U.S. District Court for the District of Columbia. She also interned with the Executive Office of the President of the United States, Capitol Hill, and the Lawyers’ Committee for Civil Rights Under Law.Keniece received her J.D. from Georgetown University Law Center, graduating as a Business Law Scholar and recipient of the William J. Curtin Endowed Scholarship in Labor Relations. While in law school, she served as a research assistant analyzing issues related to ESG and employment practices, articles editor of the Georgetown Journal of Legal Ethics, alternative dispute resolution team member, career co-chair for the Black Law Students Association, and participant in Georgetown Law’s Early Outreach Program. In addition, Keniece was a student in the Civil Rights Clinic, where she represented clients in mediation and litigation in federal courts. Prior to law school, Keniece worked as an auditor with a global public accounting firm and a local government agency, where she performed risk advisory services and compliance assessments.Keniece received her B.S. in accounting and Master of Accountancy from Case Western Reserve University. She is a former Corporate Counsel Women of Color Fellow and Minority Corporate Counsel Association Lloyd M. Johnson, Jr. Scholar. Recently, Keniece was selected as a fellow in the National Bar Association’s Associate Academy of Excellence. She also completed the DC Bar’s John Payton Leadership Academy Program, an intensive three-month training focused on leadership skills in the legal field.

Keniece Gray

Associate

Employment + Labor