Certainty in Enforcement Act of 2014

FY2015 Labor Appropriations; Dept. of Labor Persuader Regulations; Support for the Supporting Knowledge and Investing in Lifelong Skills Act (H.R. 803); S.2178/H.R.4320 - Workforce Democracy and Fairness Act, all provisions; H.R.4321 - Employee Privacy Protection Act, all provisions; S.1737 - Minimum Wage Fairness Act, all provisions; S.2199 - Paycheck Fairness Act, all provisions; NLRB Proposed Rule on Representation - case procedures; federal minimum wage issues generally;OSHA Proposed Rule to Improve Tracking of Workplace Injuries and Illnesses; S. 2223, or other similar proposals to raise the federal minimum wage, oppose legislation; S. 2814, National Labor Relations Board Reform Act, all provisions; Potential changes to overtime rules, no specific legislation; H.R.803 - Workforce Innovation and Opportunity Act, all provisions; S.2199 - Paycheck Fairness Act, all provisions; H.R.4959 - EEOC Transparency and Accountability Act, all provisions; H.R.5422 - Litigation Oversight Act of 2014, all provisions; H.R.5423 - Certainty in Enforcement Act of 2014, all provisions.

Client expense: $830,000 · Firm income: Not reported

Government targets: Agriculture, Dept of (USDA), Centers For Medicare and Medicaid Services (CMS), Commerce, Dept of (DOC), Consumer Product Safety Commission (CPSC), Equal Employment Opportunity Commission (EEOC), Executive Office of the President (EOP), Federal Deposit Insurance Corporation (FDIC), Federal Motor Carrier Safety Administration, Federal Reserve System, Federal Trade Commission (FTC), Food & Drug Administration (FDA), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Interior, Dept of (DOI), Internal Revenue Service (IRS), Justice, Dept of (DOJ), Labor, Dept of (DOL), Natl Institute of Standards & Technology (NIST), Natl Labor Relations Board (NLRB), Natl Telecommunications & Information Administration (NTIA), Occupational Safety & Health Administration (OSHA), Patent & Trademark Office (PTO), SENATE, Securities & Exchange Commission (SEC), Small Business Administration (SBA), State, Dept of (DOS), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Customs & Border Protection, U.S. International Trade Commission (ITC), U.S. Trade Representative (USTR), White House Office

Concerns with rules altering the structure and timeframe of union representation elections, RIN 3142-AA08; concerns with NLRB changes to reporting requirements between employers and counsel, RIN 1245-AA03; concerns with the ramifications of upcoming changes to FLSAs overtime regulations, RIN 1235-AA11; concerns with S.2199, the Paycheck Fairness Act; support for H.R. 4959, the EEOC Transparency and Accountability Act, H.R. 5422, the Litigation Oversight Act, and H.R. 5423, the Certainty in Enforcement Act.

Client expense: Not reported · Firm income: Not reported

Government targets: Equal Employment Opportunity Commission (EEOC), HOUSE OF REPRESENTATIVES, SENATE

H.R. 377 / S. 84 / S. 2199, Paycheck Fairness Act H.R. 1755 / S. 815, Employment Non-Discrimination Act H.R. 1975 / S. 942, Pregnant Workers Fairness Act H.R. 3633, Protecting Health Care Providers from Increased Administrative Burdens Act H.R. 4959, EEOC Transparency and Accountability Act H.R. 5422, Litigation Oversight Act of 2014 H.R. 5423, Certainty in Enforcement Act of 2014 Fiscal Year 2015 Commerce, Justice, Science and Related Agencies Appropriations Act, including provisions relating to funding the Equal Employment Opportunity Commission Regulations implementing Executive Order 13672 Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by Contractors and Subcontractors (79 Fed. Reg. 72,985-72,995, December 9, 2014) Proposed regulations relating to affirmative action for protected veterans (76 Fed. Reg. 23,358-23,425, April 26, 2011) Proposed regulations relating to affirmative action under section 503 of the Rehabilitation Act of 1973 (76 Fed. Reg. 77,055-77,105, December 9, 2011) Notice of Proposed Rulemaking relating to requirement to report summary data on employee compensation (79 Fed. Reg. 46,561-46,606, August 8, 2014) Notice of Proposed Rulemaking relating to Non-Retaliation for Disclosure of Compensation Information (79 Fed. Reg. 55,712-55,742, September 17, 2014) Proposed changes to OFCCP Scheduling Letter and Itemized Listing (76 Fed. Reg. 60,083-60,084, September 28, 2011) EEOC Enforcement Guidance on Employer Use of Criminal History (No. 915.002, adopted April 25, 2012) Nomination of members and general counsel of the Equal Employment Opportunity Commission Various issues relating to the Equal Employment Opportunity Commission (EEOC), including Strategic Plan, and Strategic Enforcement Plan; OFCCP interpretation of its jurisdiction; potential Senate ratification of the United Nations Convention on the Rights of Persons with Disabilities; employer use of employee credit history; employer consideration of applicant employment status

HR 377/S 84/S 2199, the Paycheck Fairness Act, oppose over concerns over unlimited punitive and compensatory damages for Equal Pay Act violations; and support for H.R. 4959, the EEOC Transparency and Accountability Act, H.R. 5422, the Litigation Oversight Act, and H.R. 5423, the Certainty in Enforcement Act.

Client expense: $70,000 · Firm income: Not reported

Government targets: Equal Employment Opportunity Commission (EEOC), HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), Natl Labor Relations Board (NLRB), SENATE, Treasury, Dept of, White House Office

H.R. 4959 - Equal Employment Opportunity Commission Transparency and Accountability Act (Requires an updated EEOC website.) H.R. 5422 - Litigation Oversight Act of 2014 (Requires EEOC to approve agency intervention in certain litigation.) H.R. 5423 - Certainity in Enforcement Act of 2014 (Addressing employer compliance with state laws.) S. 84 / S. 2199 & H.R. 377 - Paycheck Fairness Act (Compensation Discrimination.) S. 815 & H.R. 1755 - Employment Non-discrimination Act (Prohibiting discrimination based on sexual orientation and gender identity.) Proposed affirmative action requirements for federal contracts regarding veterans - DOL / White House Proposed affirmative action requirements for federal contracts regarding sexual orientation and gender identity discrimination - DOL / White House Proposed rules on compensation equity for federal contractors - DOL Compensation equity - EEOC/DOL Social media in the hiring process - EEOC Pregnancy discrimination in workplace - EEOC Harassment in the workplace - EEOC Discrimination Against the Unemployed - White House

Client expense: $413,962 · Firm income: Not reported

Employer use of criminal arrest and conviction records Employee classification and exemptions to the Fair Labor Standards Act of 1938, as Amended H.R. 5423- Certainty in Enforcement Act of 2014

Client expense: $430,500 · Firm income: Not reported

Government targets: Army, Dept of (Corps of Engineers), Energy, Dept of, Environmental Protection Agency (EPA), Equal Employment Opportunity Commission (EEOC), Federal Communications Commission (FCC), Federal Housing Finance Agency (FHFA), Federal Reserve System, HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Housing & Urban Development, Dept of (HUD), Internal Revenue Service (IRS), Labor, Dept of (DOL), Natl Economic Council (NEC), Office of Management & Budget (OMB), President of the U.S., SENATE, Small Business Administration (SBA), Social Security Administration (SSA), Treasury, Dept of, U.S. Postal Service (USPS)

MTBs Footwear (H.R. 5616, H.R. 5617, H.R. 5618, H.R. 5619, H.R. 5423, H.R. 5424, H.R. 5425, H.R. 5426, H.R. 5427, H.R. 5428, H.R. 5429, H.R. 5430, H.R. 5431, H.R. 5432, H.R. 4897, H.R. 4898, H.R. 4899, H.R. 4900, H.R. 4901)

Client expense: Not reported · Firm income: $20,000

Government targets: HOUSE OF REPRESENTATIVES, Intl Trade Administration (ITA), SENATE, U.S. Trade Representative (USTR)

Concerns with efforts to implement provisions of the Employee Free Choice Act, like the elimination of federally supervised private ballot union elections or mandatory arbitration for first contracts, via the NLRB; concerns with NLRB decisions potentially impacting bargaining unit determinations, including Specialty Heathcare, 357 NLRB 83 and support legislative efforts to reverse these decisions; and oppose rulemakings by the NLRB and DOL, RIN 3142-AA07, RIN 3142AA08 and RIN 1215-AB79/ RIN 1245-AA03 and legislative efforts reverse those rules; support for H.R. 1406, Working Families Flexibility Act, comp time legislation; support for H.R. 1120, the Preventing Greater Uncertainty in Labor-Management Relations Act; concerns with presidential memorandum on overtime regulations and subsequent changes to the Fair Labor Standards Act; concerns with S.2199, the Paycheck Fairness Act; and support for H.R. 4959, the EEOC Transparency and Accountability Act, H.R. 5422, the Litigation Oversight Act, and H.R. 5423, the Certainty in Enforcement Act.

Client expense: Not reported · Firm income: $10,000

FY2015 Labor Appropriations; Dept. of Labor Persuader Regulations; Support for the Supporting Knowledge and Investing in Lifelong Skills Act (H.R. 803); S.2178/H.R.4320 - Workforce Democracy and Fairness Act, all provisions; H.R.4321 - Employee Privacy Protection Act, all provisions; S.1737 - Minimum Wage Fairness Act, all provisions; S.2199 - Paycheck Fairness Act, all provisions; NLRB Proposed Rule on Representation - case procedures; federal minimum wage issues generally;OSHA Proposed Rule to Improve Tracking of Workplace Injuries and Illnesses; S. 2223, or other similar proposals to raise the federal minimum wage, oppose legislation; S. 2814, National Labor Relations Board Reform Act, all provisions; Potential changes to overtime rules, no specific legislation; H.R.803 - Workforce Innovation and Opportunity Act, all provisions; S.2199 - Paycheck Fairness Act, all provisions; H.R.4959 - EEOC Transparency and Accountability Act, all provisions; H.R.5422 - Litigation Oversight Act of 2014, all provisions; H.R.5423 - Certainty in Enforcement Act of 2014, all provisions.

Client expense: $620,000 · Firm income: Not reported

H.R. 377 / S. 84 / S. 2199, Paycheck Fairness Act H.R. 1755 / S. 815, Employment Non-Discrimination Act H.R. 1975 / S. 942, Pregnant Workers Fairness Act H.R. 3633, Protecting Health Care Providers from Increased Administrative Burdens Act H.R. 4959, EEOC Transparency and Accountability Act H.R. 5422, Litigation Oversight Act of 2014 H.R. 5423, Certainty in Enforcement Act of 2014 Fiscal Year 2015 Commerce, Justice, Science and Related Agencies Appropriations Act, including provisions relating to funding the Equal Employment Opportunity Commission Proposed regulations relating to affirmative action for protected veterans (76 Fed. Reg. 23,358, April 26, 2011) Proposed regulations relating to affirmative action under section 503 of the Rehabilitation Act of 1973 (76 Fed. Reg. 77,056, December 9, 2011) Advanced Notice of Proposed Rulemaking related to a compensation data collection tool (76 Fed. Reg. 49,398, August 10, 2011) Notice of Proposed Rulemaking related to requirement to report summary data on employee compensation (79 Fed. Reg. 46,561, August 8, 2014) Notice of Proposed Rulemaking related to Non-Retaliation for Disclosure of Compensation Information (79 Fed. Reg. 55,712, September 17, 2014) Proposed changes to OFCCP Scheduling Letter and Itemized Listing (76 Fed. Reg. 60,083, September 28, 2011) Proposed withdrawal of Compensation Discrimination Interpretative Standards (71 Fed. Reg. 35,124, June 16, 2006) EEOC Enforcement Guidance on Employer Use of Criminal History (No. 915.002, adopted April 25, 2012) Various issues relating to employer use of employee credit history; employer consideration of applicant employment status; EEOC Strategic Plan; EEOC Strategic Enforcement Plan; OFCCP interpretation of its jurisdiction; potential Senate ratification of the United Nations Convention on the Rights of Persons with Disabilities

Concerns with the negative impact on small and non union companies of expansion and implementation of prevailing wage requirements in construction projects generally; oppose efforts to implement provisions of the Employee Free Choice Act, via the NLRB and DOL, with rulemakings like, RIN 3142-AA07, RIN 3142AA08, RIN 1215-AB79/ RIN 1245-AA03; oppose mandated project labor agreements as allowed under Executive Order 13502;concerns with NLRB proposals limiting employer property rights; concerns with NLRB proposals to change rules for bargaining right determinations; opposition to recess appointments to the NLRB on constitutional grounds; concerns with negative impact on business and cost/benefit of proposed changes by OSHA to the noise exposure standard and the occupational injury and illness recording and reporting requirments musculoskeletal disorders (MSD) column; concerns over mandatory paid leave requirements; support for H.R. 1406, the Working Families Flexibility Act; Support for H.R. 1120, the Preventing Greater Uncertainty in Labor-Management Relations Act; and oppose the OSHA proposal to require the electronic submssion of workplace injuries and illnesses and the creation of a public database of the reports, RIN 1218-AC49; concerns with presidential memorandum regarding overtime regulations and subsequent changes to the Fair Labor Standards Act; concerns with S.2199, the Paycheck Fairness Act; support for H.R. 4959, the EEOC Transparency and Accountability Act, H.R. 5422, the Litigation Oversight Act, and H.R. 5423, the Certainty in Enforcement Act; and concerns with the potential impact of changes to the joint employer standard under the NLRA for subcontracting.

Client expense: Not reported · Firm income: $20,000

S. 2814, NLRB Reform Act; S. 2617, Davis-Bacon Repeal Act; S. 2199, Paycheck Fairness Act; S. 2178/H.R. 4320, Workforce Democracy and Fairness Act; H.R. 4959, EEOC Transparency and Accountability Act; H.R. 5422, Litigation Oversight Act of 2014; H.R. 5423, Certainty in Enforcement Act of 2014; H.R. 803, Workforce Innovation and Opportunity Act; H.R. 5078, Waters of the United States Regulatory Overreach Protection Act; H.R. 4321, Employee Privacy Protection Act; H.R. 4870, Department of Defense Appropriations Act, 2015; FY 15 Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts (House/Senate); Fair Labor Standards Act issues in the following legislation: H.R.4660, Commerce, Justice, Science, and Related Agencies Appropriations Act, 2015; H.R. 4745, Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2015; H.R. 4923, Energy and Water Development and Related Agencies Appropriations Act, 2015; Executive Order 13673, Fair Pay and Safe Workplaces; Davis-Bacon Act; National Labor Relations Act Reform; NLRB (REG) Title: Representation-Case Procedures (RIN 3142-AA08); DOL-OLMS (REG) Title: Persuader Agreements: Employer and Labor Relations Consultant Reporting under the LMRDA (RIN 1245-AA03); DOL-OSHA (LOI) Letter of Interpretation on OSHA Inspections (February 21, 2013); DOL-OSHA (REG) Title: Improve Tracking of Workplace Injuries and Illnesses (RIN 1218-AC49); DOL-OSHA (REG) Title: Injury and Illness Prevention Program (RIN 1218-AC48); DOL-OSHA (REG) Title: Occupational Exposure to Crystalline Silica (RIN 1218-AB70); DOL-OSHA (REG) Title: Occupational Injury and Illness Recording and Reporting Requirements - NAICS Update and Reporting Revisions (RIN 1218-AC50); DOL-WHD (REG) Title: Defining/Delimiting Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees (RIN 1235-AA11); DOL-WHD (REG) Title: Establishing a Minimum Wage for Contractors, Executive Order 13658 (RIN 1235-AA10); DOL-OSHA: OSHA's Small Entity Compliance Guide for Final Rule for Cranes and Derricks

MTBs - Footwear (H.R. 5616, H.R. 5617, H.R. 5618, H.R. 5619, H.R. 5423, H.R. 5424, H.R. 5425, H.R. 5426, H.R. 5427, H.R. 5428, H.R. 5429, H.R. 5430, H.R. 5431, H.R. 5432, H.R. 4897, H.R. 4898, H.R. 4899, H.R. 4900, H.R. 4901)

Client expense: Not reported · Firm income: $20,000

Government targets: HOUSE OF REPRESENTATIVES, Intl Trade Administration (ITA), SENATE, U.S. Trade Representative (USTR)

Concerns with efforts to implement provisions of the Employee Free Choice Act, like the elimination of federally supervised private ballot union elections or mandatory arbitration for first contracts, via the NLRB; concerns with NLRB decisions potentially impacting bargaining unit determinations, including Specialty Heathcare, 357 NLRB 83 and support legislative efforts to reverse these decisions; and oppose rulemakings by the NLRB and DOL, RIN 3142-AA07, RIN 3142AA08 andRIN 1215-AB79/ RIN 1245-AA03 and legislative efforts reverse those rules; support for H.R. 1406, Working Families Flexibility Act, comp time legislation; support for H.R. 1120, the Preventing Greater Uncertainty in Labor-Management Relations Act; concerns with presidential memorandum on overtime regulations and subsequent changes to the Fair Labor Standards Act; concerns with S.2199, the Paycheck Fairness Act; and support for H.R. 4959, the EEOC Transparency and Accountability Act, H.R. 5422, the Litigation Oversight Act, and H.R. 5423, the Certainty in Enforcement Act.

Client expense: Not reported · Firm income: $10,000

S. 84 / S. 2199 & H.R. 377 Paycheck Fairness Act (Compensation Discrimination.) S. 815 & H.R. 1755 Employment Non discrimination Act (Prohibiting discrimination based on sexual orientation & gender identity.) H.R. 4959 - Equal Employment Opportunity Commission Transparency and Accountability Act (Requires an updated EEOC website.) H.R. 5422 - Litigation Oversight Act of 2014 (Requires EEOC to approve agency intervention in certain litigation.)H.R. 5423 - Certainity in Enforcement Act of 2014 (Addressing employer compliance with state laws.) Proposed affirmative action requirements for federal contracts regarding veterans - DOL/White House Proposed rules on compensation equity for federal contractors - DOL Compensation equity - EEOC Social media in the hiring process - EEOC NLRB Ambush Elections comments - NLRB Discrimination Against the Unemployed - White House

Client expense: $351,151 · Firm income: Not reported

Government targets: Equal Employment Opportunity Commission (EEOC), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Labor, Dept of (DOL), Natl Labor Relations Board (NLRB), SENATE, Treasury, Dept of, White House Office

HR 377/S 84/S 2199, the Paycheck Fairness Act, oppose over concerns over unlimited punitive and compensatory damages for Equal Pay Act violations and concerns with efforts to implement other provisions via the OFCCP; support for S.815, the Employment Nondiscrimination Act; oppose the prohibition or unnecessary restriction of credit or criminal background checks in the hiring process; concerns with cost/benefit of OFCCP proposed regulations, RIN 1250AA02, RIN 1250AA00;and RIN 1250AA03; concerns with drafting amendments to the Fair Labor Standards Act; and support for H.R. 4959, the EEOC Transparency and Accountability Act, H.R. 5422, the Litigation Oversight Act, and H.R. 5423, the Certainty in Enforcement Act.

Client expense: $60,000 · Firm income: Not reported

Government targets: Education, Dept of, Equal Employment Opportunity Commission (EEOC), HOUSE OF REPRESENTATIVES, Internal Revenue Service (IRS), Labor, Dept of (DOL), Natl Labor Relations Board (NLRB), SENATE, Small Business Administration (SBA), Treasury, Dept of, White House Office

MTBs: Footwear (H.R. 5616, H.R. 5617, H.R. 5618, H.R. 5619, H.R. 5423, H.R. 5424, H.R. 5425, H.R. 5426, H.R. 5427, H.R. 5428, H.R. 5429, H.R. 5430, H.R. 5431, H.R. 5432, H.R. 4897, H.R. 4898, H.R. 4899, H.R. 4900, H.R. 4901).

Client expense: Not reported · Firm income: $30,000

Government targets: HOUSE OF REPRESENTATIVES, Intl Trade Administration (ITA), SENATE, U.S. Trade Representative (USTR)

Footwear (H.R. 5616, H.R. 5617, H.R. 5618, H.R. 5619, H.R. 5423, H.R. 5424, H.R. 5425, H.R. 5426, H.R. 5427, H.R. 5428, H.R. 5429, H.R. 5430, H.R. 5431, H.R. 5432).

Client expense: Not reported · Firm income: $30,000

Government targets: HOUSE OF REPRESENTATIVES, Intl Trade Administration (ITA), SENATE, U.S. Trade Representative (USTR)

Footwear (H.R. 5616, H.R. 5617, H.R. 5618, H.R. 5619, H.R. 5423, H.R. 5424, H.R. 5425, H.R. 5426, H.R. 5427, H.R. 5428, H.R. 5429, H.R. 5430, H.R. 5431, H.R. 5432, H.R. 4897, H.R. 4898, H.R. 4899, H.R. 4900, H.R. 4901).

Client expense: Not reported · Firm income: $30,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE, U.S. Trade Representative (USTR)

Footwear, H.R. 5423, 5424, 5425, 5426, 5427, 5428, 5429, 5430, 5431, 5432, 5616, 5617, 5618, 5619

Client expense: Not reported · Firm income: $20,000

Government targets: HOUSE OF REPRESENTATIVES, Intl Trade Administration (ITA), SENATE, U.S. Trade Representative (USTR)

Footwear, H.R. 5423, 5424, 5425, 5426, 5427, 5428, 5429, 5430, 5431, 5432, 5616, 5617, 5618, 5619

Client expense: Not reported · Firm income: $30,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE, U.S. Trade Representative (USTR)

Footwear, H.R. 5423, 5424, 5425, 5426, 5427, 5428, 5429, 5430, 5431, 5432, 5616, 5617, 5618, 5619

Client expense: Not reported · Firm income: $30,000

Government targets: HOUSE OF REPRESENTATIVES, Natl Security Council (NSC), SENATE, State, Dept of (DOS), U.S. Trade Representative (USTR)

Footwear, H.R. 5423, 5424, 5425, 5426, 5427, 5428, 5429, 5430, 5431, 5432, 5616, 5617, 5618, 5619

Client expense: Not reported · Firm income: $30,000

Government targets: Commerce, Dept of (DOC), HOUSE OF REPRESENTATIVES, Intl Trade Administration (ITA), SENATE, U.S. Trade Representative (USTR)