As Director of Audit & HR Services for Berkshire Associates Inc., Lynn A. Clements is responsible for providing strategic advice to consultants and clients in all areas of equal employment opportunity and affirmative action compliance. In her role at Berkshire, Ms. Clements oversees Berkshire’s OFCCP audit defense practice, helping clients defend hundreds of audits, including establishment-based reviews, corporate management compliance evaluations, and functional affirmative action plan reviews. Ms. Clements also monitors statutory, regulatory and legal developments and prepares written comments on agency regulatory proposals on behalf of various employer organizations, including the Society for Human Resource Management and the College and University Professional Association – Human Resources (CUPA-HR). With almost 20 years of experience, including serving in high level policy positions at both the Office of Federal Contract Compliance Programs (OFCCP) and the Equal Employment Opportunity Commission (EEOC), Ms. Clements is a regular presenter of management and employee training at all levels of organizations and has testified before Congress regarding EEO and pay equity issues.
Prior to joining Berkshire, Ms. Clements was a shareholder at a management-side employment law firm where she counseled and advised clients on OFCCP and EEOC compliance issues, and other workplace laws. She regularly represented employers during investigations, audits, and other enforcement activities by local, state, and federal government agencies—including those involving large-scale class allegations.
From 2001–2008, Ms. Clements served in several senior-level policy positions at the U.S. Department of Labor (DOL) and the EEOC. During this time, Ms. Clements served as the Acting Director/Deputy Director of the Policy Division of OFCCP, where she oversaw all policy and regulatory initiatives. Some of these policies include OFCCP’s systemic discrimination and compensation audit protocols, and its implementation of the Internet applicant rule and online accessibility requirements. She also worked closely with the agency’s operations staff on jurisdictional and enforcement matters. Ms. Clements also was a senior policy advisor to the Assistant Secretary for the Employment Standards Administration (ESA) at the DOL. In that capacity, she provided legal and policy advice on the full range of wage and hour matters, and, in particular, played a lead role in developing the Family and Medical Leave Act regulations issued by the DOL in November 2008.
From 2001 to 2006, Ms. Clements served as a Special Assistant to the Vice Chair and Legal Counsel at the EEOC, where she advised agency officials on high-profile policy and enforcement actions, including the agency’s systemic discrimination initiative. She was responsible for drafting or reviewing the agency’s regulatory and policy proposals during this period, including any regulations and enforcement guidance issued by the agency guidance, and all litigation presented to the Commission
Ms. Clements has been recognized as a “Rising Star” and “Super Lawyer” by Maryland Super Lawyers magazine. In 2013, she was recognized as one of “America’s Leading Labor and Employment Lawyers” in Chambers USA: America’s Leading Lawyers for Business. During her government service, she was selected in 2005 as a finalist for the prestigious Service to America Medals. She is a member of the Maryland Association of Affirmative Action Officers, and is currently secretary for the Baltimore Industry Liaison Group (BILG). Lynn previously served as a member of the Editorial Advisory Board for EmploymentLaw360, and as a Board Member of the Maryland Affiliate of the Susan G. Komen Foundation.
Berkshire is a human resources consulting and technology firm that specializes in helping companies build their ideal, balanced workforce. As an industry leader, we specialize in applicant management, compensation management, affirmative action, workforce planning, diversity, and professional training. With nearly 40 years of experience in the industry, Berkshire is among the most trusted names in the business. .