Workplace Government Relations and Regulation

Primary contacts

Harry I. Johnson, III, Sharon Perley Masling, Philip A. Miscimarra, Jonathan L. Snare, Timothy P. Lynch

Led by former government officials of the three federal agencies that regulate workplaces in the United States—the US Department of Labor, the Equal Employment Opportunity Commission, and the National Labor Relations Board—our workplace government relations and regulation team leverages its experience working within the government to help employers navigate the challenges of government regulation, legislation, and enforcement. We offer employers insight on the workplace implications of current and anticipated legislative and regulatory developments, and guide companies in considering workforce strategies to maintain compliance and minimize risk.

Our unique ability to advise employers on the full spectrum of matters related to government policy regulating the workplace—including legislation, compliance, enforcement, audits, and investigations—is based on perspectives and insights that can only be gained from serving in high-level government positions. Our team includes former presidential appointees and senior-level career officials of the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the National Labor Relations Board (NLRB), most of whom served under both Democratic and Republican administrations.

Agency Strategy & Advocacy

We closely follow activity at the government’s key labor and employment agencies with an eye toward changes that could impact employers, including proposed regulations, guidance, compliance, and enforcement initiatives. We are in regular contact with federal agencies and maintain deep relationships with key agency decision-makers. We also have longstanding working relationships with national trade associations and other organizations that represent groups affected by current or proposed regulations and agency priorities.

Our team’s experience leading and working inside these federal agencies positions us to provide strategic and practical advice for dealing with the DOL, EEOC, and NLRB at every level, from regional offices and staff to the most senior officials. Our technical proficiency, experience with the Administrative Procedure Act (APA), and ability to strategically draw upon our network of stakeholder groups allows us to effectively advise on the regulatory notice-and-comment process, and to help prepare persuasive comments. Our longstanding relationships within the US Department of Justice and the Office of the Solicitor General bolster our ability to advocate for employers’ interests in cases where the government is a defendant or amicus, including at the US Supreme Court.

Legislative Advocacy

We advocate for clients on a wide range of issues affecting the workforce, including labor relations, employment law, immigration and immigration compliance, and employee benefits. Our team members are frequently called on to provide congressional testimony on cutting-edge labor and employment issues.

Compliance Counseling

We advise employers on compliance with the full range of federal and state employment laws, including those related to the Fair Labor Standards Act (FLSA)/wage and hour, Family Medical Leave Act (FMLA)/leave, Occupational Safety and Health Administration (OSHA), Employee Retirement Income Security Act (ERISA), Worker Adjustment and Retraining Notification (WARN), Office of Federal Contract Compliance Programs (OFCCP), Title VII, pay equity, immigration (I-9 and E-Verify) compliance, and the National Labor Relations Act (NLRA), and Americans with Disabilities Act (ADA). We guide employers in conducting voluntary self-audits to assess risk, troubleshoot common problems, and refine policies and practices. We serve as a critical partner to clients facing audits or investigations by federal agencies, and our team’s experience working within those agencies is invaluable to clients in understanding the audit process and best positioning the company’s response.

Enforcement Proceedings

We represent clients through all stages of agency enforcement proceedings—from day one of a government investigation through the administrative appeals process. We are experienced in guiding clients through agency investigations to provide solutions and resolutions that avoid litigation. Our team is skilled at navigating the breadth and depth of federal administrative proceedings, which can vary considerably from agency to agency—and even within an agency. We regularly litigate before administrative law judges and appeals boards, and our team members with government experience offer insider perspectives to smooth each client’s journey through this sometimes-opaque system.

Workplace Policy

We help employers translate legislation and agency rulemaking into practical implications for the workplace. Our relationships within the DOL, EEOC, and NLRB—and our frequency of contact with these agencies—give us insight on agency and White House labor and employment priorities, allowing us to help employers anticipate and succeed amid an ever-changing legislative and regulatory environment.