Trina Fairley Barlow is a partner in the firm’s Labor and Employment and Government Contracts groups. She devotes a substantial portion of her practice to helping government contractors navigate and comply with the myriad laws, regulations, and Executive Orders which impact employers who are also government contractors. Trina’s experience includes advising federal contractors on the requirements of the Service Contract Act, as well as the Davis Bacon Act, and assisting clients with developing compliance strategies that reduce legal risks. In addition, Trina has defended and advised clients in False Claim Act (FCA) whistleblower retaliation cases and has led large internal investigations that frequently encompass a complex combination of labor and employment, government contracts, and ethics and compliance issues. In connection with such investigations and in other contexts, clients also frequently call upon Trina to assist them with developing compliant policies and internal practices that achieve business objectives while simultaneously reducing potential legal risks and exposure.
In addition to Trina’s work with government contractors, Trina routinely advises and represents a broad range of other organizations, including Fortune 100 companies, healthcare providers, pharmaceutical manufacturers, professional services firms, start-ups, joint ventures, and non-profit organizations on a range of labor and employment matters. Trina’s experience includes representing employers in litigation matters arising under Title VII, ADEA, ADA, ADEA, FMLA, FLSA, USSERA, and Section 3730(h) of the FCA. Trina’s litigation work also includes regularly representing employers before administrative agencies, including the Equal Employment Opportunity Commission, the Department of Labor, and countless other state and federal agencies. In the alternative dispute resolution context, Trina has litigated cases before JAMS and AAA and obtained numerous "take nothing" awards on behalf of employers.
Finally, Trina routinely provides comprehensive legal advice, guidance, and training to employers on issues ranging from hiring, discipline, and terminations, to wage and hour compliance and reductions-in-force. She advises employers on the implementation and enforcement of personnel policies, and regularly reviews and drafts various employment agreements to protect her clients' business and legal interests. As an experienced employment law attorney, Trina stays abreast of the latest employment law developments and is frequently invited to speak and write on emerging labor and employment law topics and trends.
Affiliations
Admitted to practice: District of Columbia, Maryland, U.S. Court of Appeals for the District of Columbia Circuit, U.S. District Court for the District of Columbia, U.S. District Court for the District of Maryland, U.S. District Court for the Northern District of Texas
Highlights, News & Knowledge
Speeches & Presentations
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"Procurement Fraud and Enforcement," Government Contracts "101" - Back to Basics, McLean, VA
(October 23, 2019).
Moderator: Nkechi A. Kanu; Panelists: Trina Fairley Barlow, Brian Tully McLaughlin, David B. Robbins, and Gail D. Zirkelbach.
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"The Whole Truth: Effective Witness Interviews," Crowell & Moring's Investigations Workshop 2019, Washington, DC
(May 8, 2019).
Moderator: Glen G. McGorty; Speakers: Daniel L. Zelenko, Trina Fairley Barlow, and Arlen Pyenson.
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"Addressing #MeToo, Pay Equity, and Other Employment Risks – Money and Time Well Spent," Crowell & Moring's Ounce of Prevention Seminar (OOPS) 2019, Washington, DC
(May 7, 2019).
Speakers: Ellen Moran Dwyer, Rebecca L. Springer, and Trina Fairley Barlow.
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"False Claims Act Enforcement State of the Union: The Politics and Policies of Enforcement," Advanced Forum on False Claims and Qui Tam Enforcement, New York, NY
(January 28, 2019).
Speaker: Trina Fairley Barlow.
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"Mandatory Disclosures, Investigations, and the False Claims Act," Government Contracts Breakfast Series, Herndon, VA
(October 24, 2018).
Panelists: Brian Tully McLaughlin, Trina Fairley Barlow, Jason M. Crawford, Nkechi Kanu, and Sarah A. Hill.
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“Special Compliance and Ethics Considerations for Contractors,” Government Contracts "101" - Back to Basics, Washington, D.C.
(October 10, 2018).
Presenters: Trina Fairley Barlow, David Robbins, Gail D. Zirkelbach, Jana del-Cerro, and Nkechi Kanu.
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"Off-Limits Information and Employee Mobility," OOPS 2018, Crowell & Moring's 34th Annual Ounce of Prevention Seminar, Washington, D.C.
(May 17, 2018).
Presenter: Peter Eyre, Trina Fairley Barlow, Valerie M. Goo, and M. Yuan Zhou.
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"What Will the New Year Bring: Top Headlines, Headaches, and Developments for Government Contractors to Watch in 2018," Crowell & Moring Webinar
(January 25, 2018).
Presenters: Crowell & Moring Government Contracts Group.
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"Special Compliance and Ethics Considerations for Contractors," Government Contracts "101" - Back to Basics, Washington, D.C.
(October 26, 2017).
Presenters: Trina Fairley Barlow and Gail D. Zirkelbach.
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"Investigations 201 - When Workers Blow the Whistle - Steps for Conducting Effective Investigations of Whistleblower Complaints," Crowell & Moring Webinar
(May 10, 2017).
Presenters: Trina Fairley Barlow, David W. O'Brien, David B. Robbins, and Christine B. Hawes.
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"Labor and Employment Update," OOPS 2017, Crowell & Moring's 33rd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 5, 2017).
Presenters: Kris D. Meade, Trina Fairley Barlow, and Rebecca L. Springer.
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"Building a Border Wall: Opportunities, Contractual Risks, and Business Considerations," Crowell & Moring Webinar
(April 25, 2017).
Presenters: Angela B. Styles, Stephen J. McBrady, David J. Ginsberg. Trina Fairley Barlow, and Elizabeth Buehler.
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"What Will the New Year (and Administration) Bring for Government Contractors?" Crowell & Moring First 100 Days Webinar, Washington, D.C.
(January 25, 2017).
Presenters: Crowell & Moring Government Contracts Group.
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"Fair Pay and Safe Workplaces Training with the Coalition for Government Procurement," Tysons, VA
(October 6, 2016).
Panelists: Robert A. Burton, David B. Robbins, Trina Fairley Barlow, and Jason M. Crawford.
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"'Oh, and Do This, Too' – Executive Actions Impose Ever-Expanding Labor-Related Burdens on Contractors," OOPS 2016, Crowell & Moring's 32nd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 25-26, 2016).
Moderator: Kris D. Meade; Panelists: Trina Fairley Barlow, and Rebecca L. Springer.
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"Third Thursday--C&M's January Arbitration of Employee and Consumer Disputes in: Enforcement and Compliance Issues in 2016," Webinar
(January 21, 2016).
Presenters: Thomas P. Gies, Christine B. Hawes, Andrew W. Bagley, and Trina Fairley Barlow.
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"Third Thursday--C&M's March Labor & Employment Update - What to Expect from the New Congress," Webinar
(March 19, 2015).
Presenters: Thomas P. Gies, Trina Fairley Barlow, and Angela Styles.
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"Third Thursday--C&M's February Labor & Employment Update: OFCCP Launches New Enforcement Initiatives," Webinar
(February 19, 2015).
Presenters: Thomas P. Gies, Rebecca L. Springer, Kris D. Meade, and Trina Fairley Barlow.
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"Third Thursday--C&M's November Labor & Employment Update: What Employers Should Know About the EEOC’s Latest Enforcement Activity," Webinar
(November 20, 2014).
Presenters: Andrew W. Bagley, Trina Fairley Barlow, Thomas P. Gies, and Glenn D. Grant.
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"Third Thursday--C&M's October Labor & Employment Update: Conducting Background Checks," Webinar
(October 23, 2014).
Presenters: Thomas P. Gies, Trina Fairley Barlow, Ira M. Saxe, and Christine B. Hawes.
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"Third Thursday--C&M's July Labor & Employment Update: The Supreme Court's 2013-2014 Term in Review," Webinar
(July 17, 2014).
Presenters: Trina Fairley Barlow, Christopher Calsyn, Thomas P. Gies, and Glenn D. Grant.
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"Third Thursday--C&M's November Labor & Employment Update: Mandatory Arbitration," Webinar
(November 21, 2013).
Presenters: Andrew W. Bagley, Trina Fairley Barlow, and Thomas P. Gies.
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"Third Thursday--C&M's July Labor & Employment Update: Discussion of the 2012-2013 Supreme Court Term," Webinar
(July 18, 2013).
Presenters: Thomas P. Gies, Trina Fairley Barlow, and Malcolm C. Slee.
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"Litigation Forecast Class Actions Webinar: Trends In Early Motions, Class Certification, and Settlement," Crowell & Moring Webinar
(May 21, 2013).
Presenters: Trina Fairley Barlow, Tracy A. Roman, and Jennifer S. Romano.
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"Third Thursday--C&M's February Labor & Employment Update: Employee Misclassification and Remote Access Policies," Webinar
(February 21, 2013).
Presenters: Thomas P. Gies, Trina Fairley Barlow, Andrew W. Bagley, and Christopher Calsyn.
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"Navigating the Medical Maze: A Step-by-Step Guide to Handling FMLA and ADA Leave," Hotel Human Resources Association of Washington, DC
(March 12, 2010).
Presenters: Trina Fairley Barlow and Christopher Calsyn.
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An Update On Complex Employment Litigation, Hispanic National Bar Association
(August 2009).
Speaker: Trina L. Fairley.
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"Tips for Hiring, Firing & Disciplining Employees," Training Seminar for Human Resources Executives, Association of Legal Administrators, Las Vegas Chapter
(May 2009).
Speaker: Trina L. Fairley.
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"Labor and Employment Developments in President Obama's First 100 Days," Crowell & Moring Webinar Presentation
(April 2009).
Co-Presenters: Trina L. Fairley, William J. Flanagan, Thomas P. Gies and Kris D. Meade.
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"You Did What? Top Five Mistakes Employers Make In Executing RIFs," Crowell & Moring Breakfast Series Seminar
(April 2009).
Presenter: Trina L. Fairley.
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"The Top Five Things You Would Not Believe About Employment Law," Crowell & Moring's 2008 Healthcare Ounce of Prevention Conference
(October 2008).
Co-Presenters: Trina L. Fairley and Kris D. Meade.
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"How to Say 'You're Fired!'," 37th Annual Educational Conference and Exposition
(May 2008).
Speaker: Trina L. Fairley.
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"HR for Financial Folks: It's Not All About the Money," 37th Annual Educational Conference and Exposition
(May 2008).
Speaker: Trina L. Fairley.
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"Mediation of Individual Employment Disputes," District of Columbia Bar
(June 2007).
Speaker: Trina L. Fairley.
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"Employee Severance & ERISA Issues," Georgetown University Law Center CLE Institute
(2004).
Speaker: Trina L. Fairley.
Publications
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"Is A Federal Shutdown Your Next Holiday Surprise?" Law360
(December 20, 2018).
Authors: J. Chris Haile, Rebecca L. Springer, Robert A. Burton, Nicole Owren-Wiest, Peter Eyre, Stephen J. McBrady, and Trina Fairley Barlow.
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"Lessons from the First Year of #MeToo," Focus on ACC National Capital Region
(August 17, 2018).
Authors: Trina Fairley Barlow and Amanda DiSanto.
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"Labor and Employment – Pay Equity: The Shifting Landscape," Crowell & Moring's Litigation Forecast 2018
(January 2018).
Contributor: Trina Fairley Barlow.
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"Labor & Employment – Repeals and Rollbacks are Likely," Crowell & Moring's Regulatory Forecast 2017
(May 2017).
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"Investigations – Under Pressure and Out of Time," Crowell & Moring's Litigation Forecast 2017
(January 2017).
Contributors: Kelly Curie, Kent Gardiner, Philip Inglima, Gail Zirkelbach, Angela Styles, Trina Fairley Barlow, Cari Stinebower, and Stephen Byers.
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"GSA to Require SCA Wage Determinations at the Task Order Level," Crowell & Moring's Government Contracts Legal Forum
(May 19, 2016).
Authors: Lorraine M. Campos, Steve McBrady, Leslie A. Monahan, and Trina Fairley Barlow.
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"Don't Get Tripped by the Traps of SCA: Three Common Mistakes Contractors Make in Complying with the Service Contract Act," Bloomberg BNA
(January 19, 2016).
Author: Trina Fairley Barlow.
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"Employment Litigation Forecast: Greater Challenges Ahead," Employment Law360
(April 12, 2013).
Author: Trina Fairley Barlow.
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"Litigation Forecast 2013: What Corporate Counsel Need to Know for the Coming Year," Crowell & Moring LLP publication
(January 2013).
Contributor.
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Inside the Minds: The Impact of Recent Regulatory Developments in Employment Law - Leading Lawyers on Understanding Recent Legislation, Implementing Effective Workplace Policies, and Cooperating with Enforcement Authorities
(2012).
Co-Author: Trina Fairley Barlow.
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Book: Inside the Minds: Dealing With Reductions In Force, Thomson Reuters - Aspatore Books
(2009).
Co-Author: Trina L. Fairley.
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Book: Inside the Minds: The Impact of 2008 Supreme Court Employment Law Cases, Thomson Reuters - Aspatore Books
(2008).
Co-Author: Trina L. Fairley.
Client Alerts & Newsletters
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"Federal Fair Chance Act to Limit Federal Contractors' Inquiry Into Criminal History of Job Seekers,"
Labor & Employment Law Alert - US
(January 16, 2020).
Contacts: Trina Fairley Barlow, Katie Erno
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"President Trump Revokes Obama-Era Executive Order Requiring Successor Service Contractors to Offer Right of First Refusal of Employment to Certain Qualified Workers of Predecessor Contractors,"
Labor & Employment Law Alert - US
(November 6, 2019).
Contacts: Trina Fairley Barlow, Eric Su, Kris D. Meade
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"California’s So-Called Gig-Worker Law Codifies "ABC Test" for Independent Contractors,"
Labor & Employment Law Alert - US
(September 26, 2019).
Contacts: Kris D. Meade, Trina Fairley Barlow, Ira M. Saxe, Christine B. Hawes
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"New York State Expands Employer Obligations and Liability for Workplace Harassment,"
(August 15, 2019).
Contacts: Ellen Moran Dwyer, Trina Fairley Barlow, Rebecca Monck Ricigliano, Eric Su, Ira M. Saxe, Suzanne E. Rode
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"OFCCP Abandons Dramatic Expansion of Information To Be Supplied at Outset of Compliance Reviews,"
Labor & Employment Law Alert - US
(July 11, 2019).
Contacts: Kris D. Meade, Rebecca L. Springer, Trina Fairley Barlow, Ira M. Saxe
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"Connecticut Enacts a Paid Family Leave Law With the Highest Wage-Replacement Rate in the Nation,"
Labor & Employment Law Alert - US
(July 9, 2019).
Contacts: Kimberley Johnson, Eric Su, Ira M. Saxe, Trina Fairley Barlow, Paul Mourning
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"Time's Up For Medicine. The #MeToo Movement Focuses on the Health Care Industry.,"
Labor & Employment Law Alert - US
(March 18, 2019).
Contacts: Ellen Moran Dwyer, Trina Fairley Barlow, Rebecca Monck Ricigliano, Danielle Giffuni
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"Proposed DOL Regulations Would Increase Salary Threshold for Exempt Employees,"
Labor & Employment Law Alert - US
(March 8, 2019).
Contacts: Thomas P. Gies, Trina Fairley Barlow, Andrew W. Bagley, Christine B. Hawes
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"U.S. Supreme Court Bars Trucking Company from Enforcing Mandatory Arbitration Agreement with Independent Contractor,"
Labor & Employment Law Alert - US
(January 16, 2019).
Contacts: Thomas P. Gies, Trina Fairley Barlow, Christine B. Hawes
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"Newly Passed Congressional Sexual Harassment Bill Aims to Set a "Positive Example" for Nation,"
Labor & Employment Law Alert - US
(January 4, 2019).
Contacts: Ellen Moran Dwyer, Trina Fairley Barlow, Ira M. Saxe, Amanda DiSanto
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"Three Important Supreme Court Decisions for Employers from 2018,"
Labor & Employment Law Alert - US
(December 31, 2018).
Contacts: Trina Fairley Barlow, Ira M. Saxe, Katie Erno
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"Is a Federal Shutdown Your Next Holiday Surprise?,"
Government Contracts Bullet Points
(December 18, 2018).
Contacts: J. Chris Haile, Peter Eyre, Nicole Owren-Wiest, Trina Fairley Barlow, Stephen J. McBrady, Rebecca L. Springer, Robert A. Burton
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"Let’s Talk FCA: False Claims Act Whistleblowers (December 2018),"
Podcast: Let's Talk FCA
(December 13, 2018).
Contacts: Trina Fairley Barlow, Christine B. Hawes, Jason M. Crawford, Mana Elihu Lombardo
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"New Jersey Joins the Wave of Jurisdictions Enacting Paid Sick Leave Laws,"
Labor & Employment Law Alert - US
(November 2, 2018).
Contacts: Trina Fairley Barlow, Ira M. Saxe, Amanda DiSanto
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"New York State Releases Final Guidance On Legislation Aimed At Preventing Sexual Harassment,"
Labor & Employment Law Alert - US
(October 5, 2018).
Contacts: Ellen Moran Dwyer, Thomas P. Gies, Trina Fairley Barlow, Ira M. Saxe, Katie Erno
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"U.S. Supreme Court Reaffirms Enforceability of Class Arbitration Waivers,"
Labor & Employment Law Alert - US
(May 24, 2018).
Contacts: Thomas P. Gies, Trina Fairley Barlow, Christine B. Hawes
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"Ninth Circuit Holds that Prior Salary Does Not Justify Pay Disparities,"
(April 16, 2018).
Contacts: Katie Erno, Kris D. Meade, Ira M. Saxe, Trina Fairley Barlow
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"Federal Government Shutdown: Crowell & Moring Identifies and Answers Common Questions,"
Government Contracts Bullet Points
(January 19, 2018).
Contacts: Daniel R. Forman, J. Chris Haile, Rebecca L. Springer, Peter Eyre, Trina Fairley Barlow, Stephen J. McBrady, Robert A. Burton, Nicole Owren-Wiest
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"Federal Government Shutdown: Crowell & Moring Identifies and Answers Common Questions,"
Government Contracts Bullet Points
(December 21, 2017).
Contacts: J. Chris Haile, Trina Fairley Barlow, Peter Eyre, Stephen J. McBrady, Nicole Owren-Wiest, Rebecca L. Springer, Daniel R. Forman, Robert A. Burton
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"Department of Labor Issues New Health & Welfare Fringe Benefits Rates for Contracts Covered by the Service Contract Act,"
Government Contracts Bullet Points
(August 8, 2017).
Contacts: Trina Fairley Barlow, Peter Eyre
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"Confidentiality Agreement FAR Provision Does Not Permit Employee Theft,"
Government Contracts Bullet Points
(April 13, 2017).
Contacts: Trina Fairley Barlow, David B. Robbins
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"In a Major Shift, GSA Will Require SCA Wage Determinations at the Task Order Level,"
Government Contracts Bullet Points
(May 24, 2016).
Contacts: Lorraine M. Campos, Trina Fairley Barlow, Stephen J. McBrady
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"FLSA Regulations Move Forward and Will Arrive Soon,"
Labor & Employment Law Alert - US
(March 22, 2016).
Contacts: Thomas P. Gies, Andrew W. Bagley, Trina Fairley Barlow, Ira M. Saxe
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"Supreme Court Rejects EEOC’s Position on Conciliation Obligations,"
Labor & Employment Law Alert - US
(April 29, 2015).
Contacts: Thomas P. Gies, Trina Fairley Barlow
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"EEOC's Proposed Wellness Plan Rules Largely Clarify Use of Incentives,"
Labor & Employment Law Alert - US
(April 22, 2015).
Contact: Trina Fairley Barlow
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"Fourth Circuit Rejects EEOC’s Sloppy Expert Witness Report in Background Check Class Action Litigation,"
Labor & Employment Law Alert - US
(February 25, 2015).
Contacts: Thomas P. Gies, Trina Fairley Barlow
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"EEOC Challenge of CVS Severance Agreements Dismissed,"
Labor & Employment Law Alert - US
(October 22, 2014).
Contacts: Ira M. Saxe, Thomas P. Gies, Trina Fairley Barlow, Christine B. Hawes
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"DOL Publishes Final Rule Implementing Executive Order 13658,"
Labor & Employment Law Alert - US
(October 9, 2014).
Contacts: Trina Fairley Barlow, Kris D. Meade, Peter Eyre
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"New DOT Regulations Require Commercial Truckers to Hit the "Breaks","
Labor & Employment Law Alert - US
(January 5, 2012).
Contacts: Trina Fairley Barlow, Rebecca L. Springer, Ira M. Saxe
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"Supreme Court Changes The Class Action Landscape In Dukes v. Wal-Mart,"
Labor & Employment Law Alert - US
(June 28, 2011).
Contacts: Thomas P. Gies, Trina Fairley Barlow
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"Connecticut to Become First State to Mandate Guaranteed Paid Sick-Leave Time for Employees,"
Labor & Employment Law Alert - US
(June 9, 2011).
Contacts: Thomas P. Gies, Trina Fairley Barlow
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"EEOC Proposes to Extend Title VII and ADA Recordkeeping Requirements to Include Entities Covered by GINA,"
Labor & Employment Law Alert - US
(June 8, 2011).
Contacts: Thomas P. Gies, Trina Fairley Barlow
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"Court Rules Cancer in Remission Is Disability under the ADAAA,"
Labor & Employment Law Alert - US
(September 10, 2010).
Contact: Trina Fairley Barlow
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"D.C. Issues Final Regulations for Accrued Sick & Safe Leave Act,"
Labor & Employment Law Alert - US
(August 26, 2010).
Contact: Trina Fairley Barlow
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"The District of Columbia's New Paid Sick Leave Law Goes Into Effect This Week,"
Labor & Employment Law Alert - US
(November 12, 2008).
Contacts: Trina Fairley Barlow, Glenn D. Grant
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