Claim OwnershipThe DC Insider - Employer Update Podcast
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© 2024 The DC Insider - Employer Update Podcast
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The DC Insider – Employer Update™ brings you insights and expertise from Washington, DC attorneys at FortneyScott. Each episode provides key updates and analyses employers need to know to stay on top of developments affecting the workplace.
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David S. Fortney is a co-founder of Fortney & Scott, LLC, a Washington, D.C.-based law firm counseling and advising clients on the full spectrum of work-place related matters, including employment discrimination and labor matters, compliance programs, government contracting, international dispute resolution, and counseling matters, and developing strategies for avoiding or responding to workplace-related crises.
Burton J. Fishman has devoted his practice to developing the “law of the workplace,” an interdisciplinary approach that offers employers counsel and representation on a broad range of matters growing out of government regulation of business. His experience extends to the full spectrum of employment and labor matters, including employment discrimination, affirmative action (OFCCP), the Americans with Disabilities Act (ADA), and human resources counseling. In recent years, his practice has focused on assisting clients with the changing laws of pay equity, mandated leave, and similar workplace matters.
H. Juanita "Nita" Beecher is a nationally recognized expert on OFCCP and EEOC matters. She is Counsel to Fortney & Scott, LLC with a focus on OFCCP regulatory affairs. Ms. Beecher’s primary focus is labor and employment law with substantial experience with class investigations by the EEOC and OFCCP. She has more than 30 years of experience in labor and employment law particularly with class investigations by the OFCCP and the EEOC.
66 Episodes
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Budget ceilings, acting leadership, and skeptical courts combine to put pressure on the workplace agencies as the impending election further limits their options and opportunities. Join David, Nita, and Burt in a lively discussion of the current actions, inactions, and expectations of DOL, NLRB, EEOC, and the courts.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
With the ongoing attacks on corporate DEI programs, Keli Wilson, Director and Principal Consultant, Workforce Equity, DCI Consulting, joined Nita Beecher to discuss why employers should perform a privileged DEI risk assessment now. Keli, an Industrial-Organizational psychologist, outlined the type of in-depth assessment she recommends to her clients while Nita reinforced why these assessments must be done with legal counsel.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
As activists bring EEOC charges and federal lawsuits, many companies are re-examining their DE&I programs while seeking to remain committed to the goal of a more diverse and inclusive workforce. Join Burt, Nita, and Leslie Silverman as they discuss the challenges to DE&I and map out ways employers can avoid the legal pitfalls.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
The DOL’s new Independent Contractor Rule returns us to an era of ambiguity and unpredictable enforcement. Its multi-factored test leaves everyone uncertain as to how workers are to be classified but with a clear “thumb on the scale” in favor of finding employee status. Join David, Nita, and Burt in their lively discussion of the rule’s seven factors and the many difficulties employers will confront in deciding just who is an employee and who is an independent contractor.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
The first episode of the DC Insider for 2024 is a very informative discussion between The Honorable Jessica Looman, Administrator of the US DOL’s Wage and Hour Division, and FortneyScott Co-Founder David Fortney. Ms. Looman, the recently confirmed top wage and hour official, addresses the Division’s plans for 2024, including compliance and enforcement priorities, new overtime and independent contractor regulations, sub-regulatory guidance, and key take-aways for employers’ compliance efforts.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
The last episode for 2023 focuses on the Fall 2023 Federal Regulatory Agenda, published December 6th, that provides the latest insights into the Biden Administration’s plans for new regulations in 2024. Join David, Burt and Nita as they unravel the numerous new regulations that impact employers being developed by the federal agencies governing the workplace, including DOL’s Wage and Hour Division, OSHA, OFCCP, and federal contractors, prevailing wages and benefits, EEOC, and the nontraditional workplace agencies, including the FTC and SEC.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
On October 30th President Biden issued a sweeping executive order directing numerous federal agencies to take actions on AI. Join David and Savanna as they talk about AI governance efforts here in the United States and abroad and unpack the directives for the Department of Labor in the executive order to see what all this might mean for employers. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
The Supreme Court began a term packed with cases that affect the law of the workplace – and the entire way the government regulates business. Join David, Burt, and Nita as they explain why the Chevron doctrine, changes in the breadth of Title VII, and the legality of administrative enforcement impact every employer in the country.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
Join a lively discussion with Johnny Taylor, President and CEO of SHRM, as he shares with David how SHRM and its members are addressing the latest DE&I developments and the related challenges employers face in addressing AI and Return to the Office.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
Challenges to corporate Diversity, Equity & Inclusion (DE&I) programs are escalating rapidly after the Supreme Court’s decision in Harvard/UNC rejecting the use of race in college admissions. Join FS attorneys David Fortney, Burt Fishman, Leslie Silverman and Nita Beecher as they outline the growing legal challenges to DE&I programs, the key legal guardrails, and steps to assess whether DE&I programs are legally compliant.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
Hear the latest developments from the chief lawyer at the U.S. Department of Labor, as David meets with The Honorable Seema Nanda, Solicitor of Labor. The Solicitor discusses the priorities for the 500+ attorneys at DOL and provides updates on key DOL rulemakings, interagency cooperation efforts, and compliance assistance tools and tips for practitioners working with DOL.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
The Supreme Court concluded its term by ending racial affirmative action in college admissions and by making it easier for workers to receive religious accommodations. Following a review of the Court’s rulings, the FortneyScott team (David, Leslie, Nita, and Burt) discuss the impact of the decisions on Employer’s federal contractor obligations, DE&I programs, and the application of the new religious accommodation standards, including the practical and legal challenges that employers now face.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
Join David and guest EEOC Vice Chair Jocelyn Samuels as they discuss the new Pregnant Workers Fairness Act (PWFA). The PWFA requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” The discussion addresses compliance steps that employers should undertake immediately as the PWFA goes into effect June 27, 2023.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
The use of Artificial Intelligence (AI) in employment decision-making is getting the attention of federal, state, and local governments. This week, Nita Beecher and FS colleague Leslie Silverman welcomes guest Dr. Frida Polli, former EEOC Vice Chair, neuroscientist, and Chief Data Scientist of Harver to discuss the latest on government regulation of AI in employment and how employers can respond to upcoming federal, state, and local government oversight.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
Join Nita, Burt, and FS colleague Liz Bradley as they explain the impact on ALL employers – with or without unions – of recent actions of the NLRB. From altering the definition of joint employee to changing what any employer can put in an employee handbook, to when a verbally abusive employee can be disciplined, the Board’s decisions will influence how businesses are run. The panel will also discuss how the Board’s rulings try to establish Board law as the pre-eminent law of the workplace, despite re-initiating disputes with Congress, the EEOC, and its own ethical precedents.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
Join David, Savanna, and special guest Vicki Lipnic, former Acting Chair of the EEOC, as they discuss important recent AI developments at the federal level, legislative, and regulatory action on AI in states and localities, and efforts to make AI technology vendors liable for workplace discrimination. The discussion reviews the Biden Administration’s latest AI efforts through the Dept. of Commerce issuing a broad Request for Comment seeking information that will be used for rulemaking impacting employers. The podcast also unpacks how states and localities continue to create new legal requirements for using AI technology, including NYC’s requirements for Automated Employment Decision Tools (“AEDT”) going into effect July 5th, and some of the newest legal challenges under Title VII to AI tools. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
The National Labor Relations Board continues its aggressive efforts to re-make labor law, issuing in a new decision that substantially limits severance agreements for nearly all US employers (both union and non-union). Join David, Nita, and Burt as they unpack the NLRB’s recent decision, McLaren Macomb, that limits broadly written nondisparagement and confidentiality clauses in severance agreements as well as General Counsel Abruzzo’s memo that expansively interprets the decision, including making it retroactive.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
George Floyd’s death and activist shareholders pushed corporations to enhance their DEI programs, but now those programs are being challenged by conservative shareholders. Join David, Nita, and FS attorney John Clifford to discuss the new challenges to DEI and ESG, new oversight of employer compliance programs by shareholders and the SEC, as well as the possible impact of the Supreme Court’s decision on use of race in college admissions. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
Learn the key takeaways from the EEOC hearing on Navigating Employment Discrimination in AI and Automated Systems and additional workplace AI developments. Joining Nita Beecher are former Vice Chair of EEOC, Leslie Silverman, to discuss the hearing, and Savanna Shuntich, who explains what employers are facing under the new NYC AI law, as well as the recommendations of The Institute for Workplace Equality’s AI Technical Advisory Committee.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
The Agencies take the lead while Congress stalemates. Joining David Fortney are Leslie Silverman, former Vice Chair of the EEOC, who shares key employer takeaways from EEOC’s new Strategic Enforcement Plan, and John Clifford who unpacks the Federal Trade Commission’s unprecedented proposal to ban noncompete agreements. Employers learn what to expect from these significant new enforcement initiatives by the EEOC and FTC.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
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