OFCCP & Government Contractors 2019 Conference: Critical Issues for Government Contractors, Counsel & Compliance Staff

Practising Law Institute (PLI)

Speaking Engagement | February.11.2019 | 1pm - 5pm (Eastern Standard Time)

PLI New York Center

Orrick's Gary Siniscalco and Erin Connell will speak at this year's OFCCP & Government Contractors Conference in New York, NY. Erin will serve as a speaker for the session, "OFCCP 2018 Directive on Auditing Compensation Systems," and Gary will serve as a speaker for the session, "Understanding New Compensation Directive & OFCCP's Statistical Approach." This half-day program will bring together experienced in-house and outside counsel, as well as OFCCP leadership, to offer their high-level expertise on OFCCP activities and compliance.

OFCCP continues to be the premier government regulatory agency for contractors' compliance with non-discrimination and affirmative action requirements. The agency continues to aggressively pursue systemic hiring and pay equity. Under Acting Director Leen, the agency has recently issued multiple new directives.

What You Will Learn

  • Candid advice and strategies for successfully responding to OFCCP compliance evaluations and investigations, including OFCCP's new procedures and criteria for assessing compensation
  • New OFCCP initiatives on investigation, conciliation and enforcement
  • Practical advice and insights on addressing and negotiating OFCCP audits, responding to the new pre-determination notice step, and resolving adverse findings
  • The use (and misuse) of privilege by contractors and by OFCCP
  • OFCCP's special focus on financial services, technology industry, and higher education employers
  • OFCCP's new approaches to statistics

Special Feature:

  • Convenient half-day program format

Who Should Attend

This program will offer high-value knowledge for in-house employment counsel, HR leaders with responsibility for EEO compliance, and any senior diversity leader, as well as outside counsel, who advise government contractors on their EEO compliance.

CLE Credits Available: Y

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Practice:

  • Employment Law & Litigation
  • Discrimination, Harassment & Retaliation
  • Trade Secrets Litigation
  • Wage and Hour
  • Cross Border Employment Law Issues
  • Pay Equity

Gary Siniscalco Senior Counsel Employment Law & Litigation, Discrimination, Harassment & Retaliation

San Francisco

Gary Siniscalco, Senior Counsel and Co-Chair of the EEO & OFCCP Compliance Group, has significant experience advising clients on complex employment litigation and advisory matters. He has particular experience in counseling and litigation defense for clients on equal opportunity, affirmative action (OFCCP) compliance, wrongful discharge, wage-and-hour matters and in working with companies on cross-border employment issues. A “zealous and well-connected advocate in the employment law arena” as described in Chambers by clients and peers, Gary has notable expertise in a range of disputes and investigations, including those into allegations of discrimination.

Gary has handled numerous class actions, pattern and practice cases and government audits, in court and before the EEOC and Department of Labor. Most recently, Gary served as senior counsel on the Orrick team that obtained a complete dismissal for Oracle in OFCCP v. Oracle, a high-stakes systemic compensation discrimination case that garnered national media attention. Gary was named, "Litigator of the Week" by American Lawyer for his role in the successful defense of Oracle in litigation against the OFCCP. He brings a particularly unique perspective to clients on matters involving the EEOC, having served as regional counsel and senior trial attorney for the U.S. Equal Employment Opportunity Commission in San Francisco prior to joining Orrick.

Gary also has an extensive class actions practice, focusing on litigation, consent decree strategies and preventive advice. He has been designated as an expert or retained as special counsel in several federal court class actions throughout the United States.

Gary’s counseling practice extends beyond the United States and includes assisting U.S. multinational companies in dealing with complex employee issues in foreign jurisdictions

Gary has written numerous articles on employment law. Most recently, he is Management Editor-in-Chief of a two-volume treatise--Restrictive Covenants and Trade Secrets in Employment Law: An International Survey (BNA, 2010). Gary is co-author of "The Pay Gap, the Class Ceiling, and Pay Bias: Moving Forward Fifty Years After the Equal Pay Act", ABA Journal of Labor & Employment Law, Vol 29, November 3 (Spring 2014), and "The Law of Employment Discrimination from 1985-2010," ABA Journal of Labor & Employment Law, Vol. 25, No. 3 (Spring 2010).

Gary is widely recognized as one the top management employment lawyers in the United States by every major ranking organization, including Chambers USA, the National Law Journal, Best of the Best USA (Euromoney), and Who’s Who Legal. Among management employment lawyers in the United States and Europe, Gary is ranked in the top 10 of Who’s Who international management labor and employment lawyers and is described as “absolutely superb.”

Gary also serves regularly on the NYU faculty for training federal judges on employment law, the OFCCP Institute, PLI International Employment Law and ABA Labor and Employment Law Section programs.

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Practice:

  • Employment Law & Litigation
  • Pay Equity

Erin M. Connell Partner Employment Law & Litigation, Pay Equity

San Francisco

Erin M. Connell, a San Francisco employment partner and Co-Chair of Orrick's EEO & OFCCP Compliance Group and Pay Equity Task Force, represents employers in high stakes employment litigation and is an expert in equal employment opportunity law, pay equity, and affirmative action (OFCCP) compliance.

Erin’s practice covers all aspects of employment law, as well as complex business litigation outside the employment context. Erin has successfully defended numerous class actions, EEOC systemic discrimination investigations, and complex individual cases involving claims of discrimination, harassment, retaliation, wrongful termination, and wage-and-hour claims. Erin has particular expertise in the area of pay equity, compensation analyses, and diversity initiatives; and regularly advises clients with respect to OFCCP and other EEO audits.

Erin also is an accomplished trial lawyer. She has tried several cases before juries and in arbitration, and has successfully has obtained numerous defense summary judgment rulings and other favorable resolutions in state and federal court. Erin led the trial team that obtained a complete dismissal for Oracle in OFCCP v. Oracle, a high-stakes systemic compensation discrimination case that garnered national media attention. Erin was named, "Litigator of the Week" by American Lawyer for her successful defense representing Oracle in litigation against the OFCCP.

Erin's clients include leading technology and Fortune 500 companies, including: Oracle, Facebook, Netflix, Pandora, Pinterest, NVIDIA, NetApp, Splunk, Morgan Stanley, Bank of America, Citigroup, and Seagate Technology.

Erin is currently the management chair of the ABA Equal Employment Opportunity Committee, and frequently speaks on California and national employment law issues.  She has published numerous articles on employment law in publications around the country, including the ABA Journal of Labor & Employment Law.  She also provides training on managing within the law and preventing sexual harassment, and conducts internal investigations on employment-related matters.