Brian D. Barger Partner

• Federal Contractor Defense and Compliance.  Brian’s primary focus is defending clients in affirmative action class systemic discrimination enforcement litigation, compliance audits and complaint investigations brought throughout the country by the U.S. Department of Labor, Office of Federal Contractor Compliance Programs (OFCCP).  He regularly works on preparing and updating annual affirmative action plans and counseling clients regarding compensation analyses, hiring and promotion systems, and federal record keeping requirements.  He has also worked with national and international clients on electronic database, applicant tracking and selection system design and reporting.
• Corporate Employment Counseling / Risk Management.   Brian regularly counsels employers regarding general personnel matters and corporate employment risk management.  Such counseling includes advice during corporate transactions, restructuring efforts and reductions in force; regarding hiring and pay practices, employee leave policies and related laws; and involving matters related to hiring and firing employees, covenants not to complete, employment testing and privacy.  Brian regularly counsels clients and their boards in executive compensation matters, contracts and other strategic negotiations.  Brian is also co-author of the North Carolina chapters of the Annual Survey on Employment Libel and Privacy Law (1999 to present), and he is a former editor of and regular contributor to McGuireWoods’ Work Cite employer legal update.
• Governmental Investigations and Claim Defense.  Brian has extensive experience representing public and private employers with local, national and multinational operations in Title VII, ADA, ADEA, FMLA, Section 1983, wrongful discharge, unfair labor practice litigation, and FLSA wage and hour disputes, audits, claims and related internal and external investigations.  Brian also investigates complaints regarding workplace discrimination, harassment, regulatory violations, and other misconduct.

Brian frequently lectures and provides training on affirmative action, discrimination law, hiring and firing employees, sexual harassment, workplace violence, FLSA compliance, and employee testing/privacy.

While earning his law degree at the University of Virginia, he was recipient of the prestigious Earl K. Shawe Labor Relations Award.