Nichole Atallah counsels clients in a broad range of employment matters, including compliance with Title VII, ADA, ADEA, FLSA/wage & hour, FMLA, wrongful termination and reduction in force.  Ms. Atallah advises clients in general business matters including interpreting and drafting  employee compensation and benefit arrangements, confidentiality, non-compete and non-solicitation agreements and separation agreements.  When necessary, she zealously defends clients faced with a wide range of lawsuits and claims, from wrongful termination to contract disputes.

Ms. Atallah has worked extensively with clients in complying with the Fair Labor Standards Act, Service Contract Act, the Davis Bacon-Act and associated labor regulations, many unique to government contractors. She assists clients through Department of Labor compliance audits and investigations and works proactively with clients to establish and maintain effective human resource policies that discourage employment disputes and lawsuits. Additionally, Ms. Atallah vigorously advocates on behalf of her clients that have a unionized workforce, assisting them during collective bargaining, labor-management disputes, and disputes pending before the National Labor Relations Board. Her goal in representing employers is to help retain management rights and avoid costly disputes.

Education

  • Georgia State University College of Law, J.D., 2010, magna cum laude Legislative Editor, Georgia State University Law Review
  • The George Washington University, Elliott School of International Affairs, B.A., 2004
  • Negotiations and Influence Certification, UC Berkeley, 2015

Admissions

Representative Experience

Employment law experience:

  • Counseling client's regarding liability exposure when making work force decisions
  • Obtaining favorable outcomes in charges before the EEOC
  • Negotiating resolutions to employment agreement disputes and non-competition violations
  • Obtained settlement of EEOC discrimination charge for mere pennies on the dollar where complainant agreed to dismiss her charge in exchange for a small amount of money she claimed was due to her in back wages
  • Advising clients on application of workforce policies and procedures

Labor law experience:

  • Successfully negotiated several collective bargaining agreements for successor contractors that inherited an organized bargaining unit from a predecessor contractor
  • Obtained early resolution of several unfair labor practice charges filed with the National Labor Relations Board
  • Counseled clients during the solicitation process and after award regarding the company’s relationship with the bargaining unit and its obligations
  • Assists clients through the grievance and dispute resolution process

Labor law regulatory compliance experience:

  • Successfully negotiated Service Contract Act liability with the Department of Labor with respect to misclassification of employees
  • Obtaining a substantial reduction in back payment liability for a client that miscalculated benefits owed to employees pursuant to the Davis-Bacon Act
  • Negotiated a significant reduction in Service Contract Act Liability for client and assisted the client in defending its performance of work requirements when audited
  • Assisted client in working with the Department of Labor and a subcontractor to negotiate a resolution to subcontractor liability for Service Contract Act violations

General litigation experience:

  • Achieved favorable pre-trial settlement for a client sued by a former employee under the Americans with Disabilities Act
  • Obtained pre-trial dismissal in a breach of contract and unjust enrichment claim by bringing a motion to dismiss based on jurisdiction, revealing the weakness of the plaintiff’s claims and causing the plaintiff to voluntarily dismiss the lawsuit
  • Used effective litigation tactics to persuade counsel for plaintiff in employment discrimination suit to voluntarily dismiss the case (unpublished, 2012)
  • Achieved pre-trial dismissal of lawsuit and an award of sanctions in favor of our client, a corporate defendant, in a discrimination lawsuit brought by a disgruntled former employee (unpublished, 2012)

General corporate experience:

  • Drafting and interpreting employment and separation agreements
  • Advising clients in crafting incentive pay and executive compensation arrangements
  • Successfully brought and defended claims regarding non-compete and non-solicitation agreements

Speaking Engagements

  • Presenter, "Subcontracting and the FAR Part 4" Public Contracting Institute, Nov. 1, 2018
  • Webinar Presenter, "Bargaining with Your Employees’ Labor Representative: The Dos and Don’ts of Union Negotiations ," Oct. 31, 2018 (with Sarah Nash)
  • Webinar Presenter, "SCA, DBA, and CBA's - Where Labor Law and Government Contracting Collide," Oct. 24, 2018 (with Sarah Nash)
  • Webinar Presenter, "Labor Law 101: What Employers Need to Understand About the NLRA," Oct. 17, 2018 (with Sarah Nash)
  • Presenter, "Labor Rules & Regulations: Federal Market Compliance," VIP Start, a Montgomery County Chamber of Commerce program, Oct. 10, 2018
  • Presenter, "Stop Talking and Get Back to Work! Legal Limitations in Restricting Employee Speech,” The Hospitality Law Conference Series 2.0, Oct. 3, 2018
  • Presenter, "Employment Law for Government Contractors: Yes It's Different," Staying Relevant in a Changing Federal Marketplace Conference, Sep. 12, 2018
  • Video Trainer, "Got Gov Con Questions? We've Got Answers," Public Contracting Institute, Jul. 12, 2018 (with Cy Alba and GovContractPros)
  • Webinar Presenter, "Employment Law for Government Contractors: Yes, It's Different," Jul. 11, 2018 (with Sarah Nash)
  • Speaker, "Ready for Growth: 10 Mistakes a Growing Company Makes Leading to Employment and Federal Contracting Claims," National Veterans Small Business Coalition Annual Conference, Jun. 13, 2018 (with Megan Connor)
  • Speaker, "Handling Discrimination and Harassment by the Client," National Veterans Small Business Coalition Annual Conference, Jun. 13, 2018 
  • Speaker, "The Bermuda Triangle: Interpreting the FMLA, ADA and Workers Compensation laws together," SHRM Dulles Chapter Meeting, May 16, 2018 (with Sarah Nash)
  • Panelist, "Impact of the New Administration on Existing Executive Orders: New Rules and Recommendations for Success," Dixon Hughes Goodman 23rd Annual Government Contracting Update, May 3, 2018
  • Speaker, "Golden Handcuffs: How to compensate and retain key employees," Exit Planning Institute, Apr. 18, 2018 
  • Panelist, "Fun with the FAR," Public Contracting Institute, Mar. 1, 2017 & Mar. 28, 2018
  • Presenter, "Key Employment and Labor Issues Affecting Tribal Entities," NCAIED Reservation Economic Summit, Mar. 5, 2018
  • Webinar Presenter, "Considerations Before Bidding on Contract Opportunities," Feb. 28, 2018 (with Peter Ford)
  • Webinar Presenter, “Common Pitfalls of the Service Contract Labor Standards Act,” NCMA, Dec. 14, 2017
  • Presenter, "Getting to Yes: Understanding and Applying SCA and DBA Price Adjustments," NCMA Government Contract Management Symposium, Dec. 4, 2017 (with Katie Flood)
  • Webinar Presenter, “Getting to Yes: Understanding and Applying SCA and DBA Price Adjustments,” Nov. 1, 2017 (with Sarah Nash)
  • Panelist, “Top Risk Factors for Government Contractors,” Montgomery County Chamber of Commerce Business EXCELerator, Oct. 27, 2017
  • Presenter, "Labor and Employment Key Updates," Public Contracting Institute, Oct. 25, 2017
  • Presenter, "Recruiting Advice for Government Contractors," Public Contracting Institute, Oct. 17 & 19, 2017
  • Webinar presenter, “Internet Complaints,” Sept. 13, 2017 (with Sarah Nash)
  • Webinar presenter, "Implementing a Service Contract Act Compliant Paid Leave Policy" Jun. 21, 2017 (with Meghan Leemon)
  • Panelist, "Acquisition and the New Administration," NCMA Woodlawn Chapter, Jun. 14, 2017
  • Trainer, "Labor Compliance for Federal Contractors Series: Equal Employment Opportunity for Government Contractors," Public Contracting Institute, Jun. 6, 2017
  • Presenter, "Labor Compliance for Federal Contractors Series: Prevailing Wage Laws and Associated Requirements," Public Contracting Institute, May 30, 2017
  • Presenter, "Labor Compliance for Federal Contractors Series: In the Crosshairs, When General Labor Law Meets FAR Requirements," Public Contracting Institute, May 23, 2017
  • Panelist, "Transitions: Labor Laws and Recent Changes to Regulations," CFO Leadership Council, May 23, 2017
  • Panelist, "Impact of the New Administration on Existing Executive Orders: New Rules and Recommendations for Success," Dixon Hughes Goodman 22nd Annual Government Contracting Update, May 4, 2017
  • Speaker, "The Internet Complaint and What to Do About It," Society for Human Resource Management, Dulles Chapter Meeting, Mar. 22, 2017
  • Presenter, "Maximizing Opportunities for Growth and Minimizing Risk: Legal Strategies You Should Be Applying to Your Business," The National Association of Women in Construction Greater Washington DC Chapter Meeting, Mar. 8, 2017 (with Michelle Litteken)
  • Presenter, "Keeping Ahead of the Fair Labor Standards Act," Public Contracting Institute, Feb. 21, 2017
  • Trainer, "Updates on Labor and Employment Compliance," Public Contracting Institute, Nov. 1, 2016
  • Webinar presenter, "Fair Pay and Safe Workplaces and Other Successful Compliance Strategies," Oct. 12, 2016 (with Bill Walter and Dave Drabkin, Dixon Hughes Goodman, LLP)
  • Presenter, "The Ins and Outs of the Fair Labor Standards Act," Public Contracting Institute, May 25, 2016 (with Corey Argust)
  • Presenter, "What You Need to Know About the OFCCP and Compliance," Frederick County Society for Human Resources Management, May 18, 2016
  • Webinar presenter, "Key Employment and Labor Issues Affecting Tribal Entities, ANCs and NHOs," for the Native American Contractors Association, Apr. 20, 2016 (with Ambika Biggs)
  • Webinar presenter, "Subcontracting Smart: Labor Relations and Subcontracting Plan Obligations Between Prime Contractors and Subcontractors," Apr. 14, 2016 (with Katie Flood)
  • Trainer, created and lectured a two day course on the Service Contract Act using a grant award to the Public Contracting Institute which was held at the PAX River Naval Facility, Mar. 23-24, 2016
  • Speaker, "Managing H.R. and Labor Law Changes," Montgomery County Chamber of Commerce GovConNet Institute, Feb. 26, 2016
  • Webinar, "Labor Smart 101: What Employers Need to Know about the National Labor Relations Act," Feb. 25, 2016 (with Corey Argust)
  • Webinar, "Personal Appearance Policies: What Employers Need to Know," D.C. Bar Pro Bono Center, Feb. 11, 2016 (with Corey Argust)
  • Speaker, "Combating Trafficking in Persons (CTIPS): What Contractors Need to Know," Public Contracting Institute, Dec. 17, 2015 (with Cy Alba)
  • Panel Moderator, "The New Era of Labor Law Compliance," American Bar Association Annual Meeting, Jul. 31, 2015
  • Webinar, "Executive Orders and Labor Laws: New "Proposed" Guidance - Clarity or Concern?" Jul. 15, 2015 (with Mark Burroughs, Dixon Hughes Goodman, LLP)
  • Speaker, "Managing Human Resource and Labor Law Changes," Montgomery County Chamber of Commerce, GovConNet Institute, May 1, 2015
  • Training, "Labor Regulations Compliance in a Changing Federal Government Environment Virtual Class," Public Contracting Institute, Apr. 14, 2015, Apr. 21, 2015 and Apr. 28, 2015
  • Webinar, “Managing and Incentivizing Employees - Sharing in the Upside While Protecting the Company's Downside,” Women Impacting Public Policy (WIPP) Give Me 5 Training, Dec. 10, 2014 and Apr. 22, 2015
  • Webinar, "Avoiding Litigation Webinar Series: Using Non-Compete Agreements to Protect Your Business Assets," Mar. 17, 2015 (with Paul Mengel)

Publications

Blogs

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