Government Contracting

Our team understands the legal and business implications of operating as a government contractor.

Government Reporting and Contractor Compliance

We help organizations navigate through and comply with the employment related requirements that arise when doing business with the government.

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Your Strategic Partner

We recognize that government contractors and subcontractors are subject to an array of unique labor and employment laws, and we work with our clients to help them navigate these complicated requirements that are often broadly applied and vigorously enforced. Littler has represented hundreds of government contractors — from Fortune 100 companies to small and mid-size public and private firms. We represent more than 40 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.

We advise on compliance with EEO and affirmative action requirements and prevailing wage laws, as well as federal and state reporting requirements. Littler’s experienced attorneys are also adept at helping clients understand and manage through the cycles of politically driven change that inevitably impact contracting opportunities and enforcement and can create potential conflicts between federal, state, and local requirements and expectations.

Experience and Services

Littler’s Government Contracting team consists of more than 30 attorneys throughout the United States. Our practitioners have worked in the past for the National Labor Relations Board, the U.S. Department of Labor and the Equal Employment Opportunity Commission. 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.

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.

Our Services

A sampling of Littler’s engagements in this space includes:

Enforcing non-compete and other restrictive covenants and protections during a competitive bidding process on behalf of government contractors.
Handling government audits involving the Davis-Bacon Act, 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.
Although not a government contracting specific issue, many government contractors are subject to the International Traffic in Arms Regulations (ITAR). We assist employers in implementing the employment related components of ITAR compliance programs.

Providing counsel regarding the special requirements that apply to government contractors and helping our clients comply with these requirements.
Assisting employers with agency investigations and, if needed, representing them in litigation.
Advising on compliance with affirmative action requirements, including the preparation of affirmative action plans or other required reports and defending contractors in connection with audits and investigations.
Reviewing or drafting executive agreements, arbitration agreements, employee handbooks, and other employment-related documents to ensure compliance with the special rules that may apply to government contractors.
Addressing the potential impact of government contracting on other aspects of employer operations, such as labor relations, wage and hour compliance, and protection of confidential information, to help assess risk and avoid surprises.
With our team of non-lawyer professionals and data analysts, preparing federal, state, and local affirmative action plans and reports (e.g. EEO-1, California Pay, VETs-4212, and Illinois Pay reports).
Conducting privileged analyses of selections and compensation that may be used to assess and manage risk or satisfy due diligence requirements related to certifications to the government of compliance with anti-discrimination laws.
Providing assessments of diversity efforts and making recommendations for action, under attorney client privilege when appropriate.
Helping employers understand the opportunities and risks associated with the use of artificial intelligence in connection with employment practices.
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, 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.
Advising on WARN and other related issues that arise due to government shutdowns, sequestrations, and other unexpected government developments.