Nichole D. Atallah

Nichole counsels employers and their compliance professionals on a broad range of labor and employment matters, including employment discrimination, wage and hour, family and medical leave, labor union negotiations and grievances, executive compensation, and reductions in force. Nichole’s primary goal in representing employers is to help guide them through difficult situations, proactively address compliance, and avoid costly disputes. 

Nichole advises clients with Department of Labor compliance audits and investigations and works proactively with clients via educational programs and training sessions to establish and maintain effective human resource policies that discourage employment disputes and lawsuits. She proactively advocates on behalf of clients that have a unionized workforce, assisting them during collective bargaining negotiations, labor-management disputes, and disputes pending before the National Labor Relations Board. Nichole also assists business owners and their management teams in general business matters, such as interpreting and drafting employee compensation and benefit arrangements and confidentiality, non-compete, non-solicitation, and separation agreements.

Government contractors rely on Nichole’s substantial expertise with FAR Part 22 compliance, including the Service Contract Labor Standards (the Service Contract Act), Construction Labor Standards (the Davis-Bacon Act), and the Office of Federal Contract Compliance Programs requirements specific to government contractors. Nichole also offers guidance to tribally owned entities regarding their unique labor and employment issues, including Native American preference, sovereign immunity, and Title VII jurisdiction.

Related Practice Areas

• Labor & Employment
• Litigation & Dispute Resolution
• Audits & Investigations
• Native American Law & Tribal Advocacy
• Employee Incentive and Bonus Plans
• PilieroMazza Labor & Employment Training Modules
• Construction

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

Articles

• FTC Non-Compete Ban Will NOT Become Effective September 4, 2024, PilieroMazza Client Alert, 08.22.24
• Newly Increased Health and Welfare Rates on SCA Government Contracts, PilieroMazza Client Alert, 08.01.24
• Texas Court Order Imperils FTC’s Forthcoming Non-Compete Ban, The PM Legal Minute Blog, 07.09.24
• Proactive Measures for Impending Increases to FLSA Salary Basis for White Collar Employees, The PM Legal Minute Blog, 06.10.24
• FTC Non-Compete Ban Attacked by Businesses: What You Need to Know about the Ban, PilieroMazza Client Alert, 04.24.24

View More View Less

Events

• Labor Rules & Regulations: Federal Market Compliance, Veteran Institute for Procurement (VIP) START , 10.22.25
• Labor Rules & Regulations: Federal Market Compliance, Veteran Institute for Procurement (VIP) START , 06.11.25
• Labor Rules & Regulations: Federal Market Compliance, Veteran Institute for Procurement (VIP) START , 01.29.25
• ABCs of the SCA: Critical Path Service Contract Act Training for Contractors, Contracting Success 2024 Conference , 11.20.24
• Labor Law, Annual Government Contracting Conference , 10.29.24

View More View Less

Webinar Replays

• Successor Government Contractor Hiring Obligations Change: DOL’s Long Awaited Nondisplacement Rule Effective February 12, 2024, Webinar Replays, 01.18.24
• Construction Roundtable: Top 4 Legal Risks for Federal Construction Contractors, Webinar Replays, 05.18.23
• Recent Trends in COVID Vaccine and Mask Mandates for Employers, Webinar Replays, 08.23.21
• COVID-19 Relief in 2021: What Small Businesses Need to Know, Webinar Replays, 02.03.21
• Nuts and Bolts of SCA, Webinar Replays, 07.14.20

View More View Less

Podcasts

• Clocking in with PilieroMazza: Second Chance Initiatives: Guidance for Hiring Workers with Criminal Histories, 06.20.24
• Clocking in with PilieroMazza: DOL Increases Salary Basis Test on July 1, 2024: Impact on Federal Government Contractors, 06.05.24
• Clocking in with PilieroMazza: New Board Cases Provide Guidance for SCA Price Adjustments, 05.22.24
• Employers Take Heed: DOL Revises Employee Classification Rule, 05.15.24
• Clocking in with PilieroMazza: FTC Non-Compete Ban Attacked by Businesses: What You Need to Know, 05.09.24

View More View Less

News

• PilieroMazza Attorneys Earn Recognition in 2025 Best Lawyers in America®, 08.21.24
• PilieroMazza’s Nichole Atallah Featured in PCI Practical Matters GovCon Podcast, 05.15.24
• 2024 Super Lawyers® Distinguishes 12 PilieroMazza Attorneys for Legal Excellence, 05.13.24
• PilieroMazza Receives Prestigious “Business Partner of the Year” Award from Montgomery County Chamber of Commerce, 11.20.23
• PilieroMazza Listed Among Best Law Firms® in Washington, DC, 11.16.23

View More View Less

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
• University of California, Berkeley, 2015, Negotiations and Influence Certification

Admissions

• District of Columbia
• Georgia

• District of Columbia Superior Court
• Georgia Court of Appeals
• Georgia Superior Court
• Georgia Supreme Court
• U.S. Court of Appeals, Eleventh Circuit
• U.S. Court of Appeals, Fifth Circuit
• U.S. District Court, District of Columbia
• U.S. District Court, Middle District of Georgia
• U.S. District Court, Northern District of Georgia

Activities

• Co-Chair, Employment, Labor, and Safety Committee, American Bar Association, 2018
• Vice President, Public Contracts Law Section Employment Safety & Labor Committee, American Bar Association, 2016-2018
• Member, District of Columbia Bar Association
• Teacher, Street Law Inc., providing basic legal education to high school students
• Recipient, Bleckley Inn of Court, 2009-2010
• Recipient, Fulbright Scholar, Indonesia, 2004-2005
• Instructor, Veteran Institute for Procurement (VIP) START Program

Honors