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Tiffany Hubbard

Tiffany Hubbard works with clients to understand their business needs and help them with the evolving landscape of workplace legal requirements and provides programmatic counseling on how best to navigate their federal grants and contracts obligations.

Tiffany has more than 10 years’ experience counseling clients concerning workplace issues and helps clients develop practical and cost-effective solutions. Her counseling experience includes a wide range of issues from workplace safety, wage and hour, leave requirements, fair employment laws, employment agreements, and employment policies. Tiffany conducts internal investigations for clients, including sexual harassment and employee misconduct allegations.

Clients seek Tiffany’s guidance concerning OSHA compliance as well as preparing for and responding to OSHA inspections and citations. Tiffany defends clients against OSHA complaints, and has helped clients obtain favorable resolutions with OSHA. When workplace disputes necessitate litigation, Tiffany defends clients’ interests in single plaintiff and class and collective action employment litigation, arbitration, and administrative agency proceedings. Tiffany also has litigation experience helping clients protect their proprietary information, including seeking injunctive relief against former employees. Tiffany applies this same practical approach to help clients understand their regulatory obligations concerning federal grants and contracts and find solutions that meet their needs, as well as comply with human and animal research subjects regulations.

Her practical experience in this area is born from a prior career where she was responsible for the research compliance program and research subjects protection program for a large community hospital. In that role, she gained invaluable experience as a supervisor in charge of drafting and managing program policies, monitoring federal grant and contract compliance, conducting internal audits, and responding to federal agency and accreditation audits. This experience helps Tiffany provide clients with a unique vantage point for approaching these issues.

Dedicated to giving back, Tiffany has provided many hours of pro bono legal services in the area of labor and employment, helping rape crisis centers respond to subpoenas, as well as assisting a nonprofit with federal grant compliance.

Amid a flurry of executive orders starting his second administration, President Donald Trump issued an order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”) on January 21, 2025. The Order will have an immediate impact on federal contractors and subcontractors currently subject to the affirmative action obligations concerning women and minorities under now-revoked Executive Order 11246 dated September 24, 1965 (and the subsequent executive orders that refined these obligations). It also signals a significant change in the focus of federal enforcement of equal opportunity laws. The Order does NOT, however, change any of the substantive federal law regarding employment discrimination. Under Title VII of the Civil Rights Act of 1964, it remains illegal for employers to make employment decisions on the basis of race, color, religion, sex, or national origin. Other federal and state statutes prohibit making employment decisions on various other bases, including age, disability, genetic make-up, etc.; none of these substantive laws have been changed. So what has changed?

Continue Reading DEI, Discrimination, Affirmative Action and More: How the Recent Executive Order Impacts Private Employers

According to the Office of Federal Contract Compliance Programs (OFCCP), since 2019, Will Evans, a reporter for the Center for Investigative Reporting, has sought the Employment Information Report (EEO-1) data of federal contractors through a Freedom of Information Act (FOIA) request to OFCCP. Mr. Evans amended his FOIA request on June 2, 2022, and now seeks the Type 2 Consolidated EEO-1 Report demographic data of federal prime contractors and first-tier subcontractors for 2016–2020. OFCCP estimates that this impacts approximately 15,000 contractors and first-tier subcontractors.

What does this mean? Absent an objection, OFCCP could disclose your company’s Type 2 Consolidated EEO-1 Reports Component 1 data for 2016–2020 in response to Mr. Evans’s FOIA request.

What is an EEO-1 Report? The EEO-1 Report is the form used annually by the Equal Employment Opportunity Commission and OFCCP to collect a summary of an employer’s workforce data.Continue Reading Attention Federal Contractors and First-Tier Subcontractors: Your EEO-1 Reports May Be Responsive to an OFCCP FOIA Request, and You Have Only until September 19, 2022, to Object.

Last year, President Biden signed the Juneteenth National Independence Day Act, making June 19, the celebration of the end of slavery, a federal holiday. The second Juneteenth National Independence Day is fast approaching. This year, Juneteenth falls on a Sunday and will be observed on Monday, June 20, 2022.

This means a holiday for federal workers, but what does this mean for an employer with federal contracts or subcontracts? The following provides a brief overview of when Juneteenth is a paid holiday for a federal contractor’s employees under contracts or subcontracts subject to (i) the Service Contract Act (SCA), (ii) the Davis Bacon Act’s (DBA) labor standards provisions, or (iii) another contract provision governing paid holidays.Continue Reading Juneteenth Is Fast Approaching: Time to Check and Confirm Your Contractual Fringe Benefit Obligations for Paid Holidays

Exercising its authority under Section 6(c) of the Occupational Safety and Health Act, the federal Occupational Safety and Health Administration (OSHA) issued its COVID-19 Healthcare Emergency Temporary Standard (ETS) on June 21, 2021. The ETS sets forth safety standards for employers (including federal contractors) with employees working in a healthcare setting—the workers OSHA has determined are at highest risk for workplace exposure to the virus that causes COVID-19. Healthcare employers are expected to comply with the primary ETS requirements as of July 6, 2021, while compliance with additional requirements concerning physical barriers, ventilation, and training is mandated as of July 21, 2021. OSHA is inviting comments on the ETS, including whether it should become a final rule. The deadline to submit comments regarding the ETS and whether it becomes a final rule is July 21, 2021, and the deadline to comment on the information collection determination is August 20, 2021.
Continue Reading The Compliance Deadline for OSHA’s COVID-19 Healthcare Emergency Temporary Standard Is Here. Are You Ready?