April 22, 2019

April 22, 2019

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April 19, 2019

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OFCCP Settles Hiring Discrimination Case with LandCare USA, LLC

The Austin, Texas location of LandCare USA, LLC (the “Company”), a company providing landscaping services, recently entered into a conciliation agreement with the Office of Federal Contractor Compliance Programs (“OFCCP”) to settle claims that the Company had discriminated in its hiring of females, and non-Hispanic applicants in its Laborer job group.  The Company has agreed to pay $100,000 in back pay to 361 affected class members and also to offer employment to 45 eligible class members of whom 12 are white, 15 are black and 9 are female.

Notably, the Company is no longer a covered federal contractor or subcontractor.  To address this fact, certain of the terms of the conciliation agreement only apply if the Company becomes a covered contractor again in the future.  For example, the conciliation agreement states that if the Company becomes a covered contractor the Company will revise its hiring policies, practices and procedures for the Laborer position.

This is the second conciliation agreement that the Company has entered into with the OFCCP in recent months.  In October, the Las Vegas, Nevada location of the Company entered into a conciliation agreement with OFCCP.  In that agreement, it agreed to pay $161,899 in backpay for alleged discrimination against non-Hispanic applicants for the Laborer Non-Driver position.  The Company also agreed to offer employment to eligible class members until 29 class members were hired into the Laborer Non-Driver positions.

© 2019 Proskauer Rose LLP.

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About this Author

Guy Brenner, Labor Attorney, Proskauer Rose, arbitration proceedings Lawyer
Partner

Guy Brenner is a partner in the Labor & Employment Law Department and co-head of the Non-Compete & Trade Secrets Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues,...

202-416-6830
Alex Weinstein, Labor Attorney, Proskauer Law Firm
Associate

Alex Weinstein is an associate in the Labor & Employment Law Department. He represents employers in all aspects of employment litigation and counseling.

Alex’s practice focuses on defending companies in both federal and state courts in various industries, including manufacturing, retail, government contracting, utilities, service companies, distribution companies and security. His litigation practice has included class actions and collective actions, general labor and employment, executive disputes, whistleblower claims, government...

202-416-5875