The DC Insider - Employer Update Podcast
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. Your Hosts: 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.
Episodes
The Trump Administration has been using multiple agencies to aggressively implement its attacks on “illegal DEI”. Join David, Liz and Nita as they discuss how federal contractors should respond to the latest on “illegal DEI” including OFCCP’s letter to federal contractors seeking data on actions taken in response to EO 14173.
Contact Fortney & Scott:
- Tweet us at @fortneyscott
- Follow us on LinkedIn
- Email us at info@fortn...
Roger King, Senior Labor and Employment Counsel at the HR Policy Association, joins David to discuss the latest on the National Labor Relations Board (NLRB). Their conversation covers a range of topics from key developments impacting the NLRB, the latest on nominees and vacancies for the NLRB, and Roger’s proposal to create a new Federal labor court to resolve NLRA disputes.
Contact Fortney & Scott:
- Tweet us at @fortneyscot...
The organizing principle underlying many of the president’s actions – from broad Executive Orders, to elimination of Departments, to termination of agency leaders and thousands of civil servants – is the unitary executive theory. Join David, Nita, and Burt as they explore how this obscure doctrine has quickly become the defining feature of this administration and explain how it has shaped numerous actions of the agencies governing ...
As President Trump reaches his 100th day, his assault on federal agencies continues as he expands his authority over every aspect of the Executive Branch of the federal government. Join David, Nita, and Burt’s spirited debate on the impact of Trump’s plans to eliminate undesired regulations, unwanted labor agreements, and bothersome legal theories, like disparate impact, on employers, workers, and the role government.
Contact Fortn...
The Trump Administration pushes to change the direction of workforce agencies while it continues to cut the government workforce. Join Nita and Burt as they review the management-friendly directions presaged at the Labor Department with new nominations for Solicitor and Wage & Hour Administrator, the President’s attempt to eliminate collective bargaining rights for most unionized government employees and whether the Supreme Co...
As part of the Trump Administration’s efforts to root out DEI and in response to President Trump’s Executive Order 14230, Addressing Risks on Perkins Coie LLP, the EEOC Acting Chair of the EEOC sent lengthy inquiries to 20 major law firms, claiming their DEI practices may violate Title VII. The letters, issued with no charge pending, posed specific questions about employment practices, some reaching back 10 years. Don’t miss the d...
President Trump continues the unprecedented expansion of his authority over the Executive Branch through Executive Orders by bringing independent agencies under the direct control of OMB – from personnel to substance of regulations, to budgets, even to being in DC. Join David, Nita, and Burt as they unravel a series of EOs and Memos detailing how the unitary executive authority takes shape in practice.
Contact Fortney & Scott:
...The Administration’s efforts to eliminate DEI practices from both the public and private sectors have expanded to include memos and guidance from the Attorney General and the OPM. Join David, Nita, and Burt as they detail the breadth of the efforts to eliminate DEI and explain how criminal liability is in the offing for private businesses.
Contact Fortney & Scott:
- Tweet us at @fortneyscott
- Follow us on LinkedIn
- Email us a...
Another hectic week for labor and employment lawyers as the Trump Administration puts the NLRB and EEOC in its sights. Join David Fortney and Nita Beecher as they discuss the practical implications of President Trump firing a Democratic NLRB Board Member and two Democratic EEOC Commissioners, leaving both agencies without a quorum. Additionally, as expected, the General Counsel from both agencies also were fired. Nita and David...
FortneyScott begins its series of webinars regarding Pres. Trump's Executive Orders. This first focuses on the revocation of EO 11246. Join David Fortney and Elizabeth Bradley as they review what employers need to know in navigating through these significant workforce changes.
Contact Fortney & Scott:
- Tweet us at @fortneyscott
- Follow us on LinkedIn
- Email us at info@fortneyscott.com
Thank you for listenin...
In the wake of the election of Donald Trump to a second term, numerous private corporations are rapidly scaling back their DEI initiatives. Some “red” state legislatures have even begun passing laws to ban DEI in all public sector recruiting, hiring, and training efforts. Join David, Nita, and Burt as they review recent attacks on DEI and examine the depth of commitment to these challenged programs.
Contact Fortney & Scott:
As more of President Trump’s personnel and policies are revealed, David, Nita, and Burt survey the changes that face the workplace agencies. Don’t miss this incisive and probing interchange designed to explore the future of DEI, of the OFCCP and the Executive Order, of the EEOC and the Pregnancy Regs, of the NLRB, now anticipating a Republican majority.
Contact Fortney & Scott:
- Tweet us at @fortneyscott
- Follow us on Linked...
President-elect Trump and his appointees planned radical reformation of the Federal government is expected to impact the workplace enforcement agencies. Join David, Nita, and Burt as they review the likely actions to install new leadership and to dramatically revise the policies of the EEOC, the NLRB, the DOL (OFCCP and Wage Hour), and others. Don’t miss this extended session which addresses the leadership changes certain to take ...
In the wake of unprecedented Supreme Court decisions fundamentally changing the role of regulation and enforcement, David, Nita, and Burt review the major actions of the workplace agencies -- EEOC, NLRB, DOL/W&H/OFCCP – in light of the new legal landscape and forecast the substance and impact of future regulation.
Contact Fortney & Scott:
- Tweet us at @fortneyscott
- Follow us on LinkedIn
- Email us at info@fortneyscott.c...
David discusses the global trends in unionization and collective bargaining with Alan Wild, an expert with 40-years of global employee relations experience. Alan and David review how multinational employers are coping with rapidly changing – and sometimes conflicting -- collective bargaining obligations, including the significant changes employers are seeing under the U.S. labor law enforced by the NLRB and the USMCA (U.S., Mexico ...
As challenges to DEI programs increase, more companies are rolling back their commitments. David, Nita and Burt discuss the successful challenges that Robby Starbuck has mounted, and the ways in which DEI has become involved in the political discourse and legislative proposals in Congress.
Contact Fortney & Scott:
- Tweet us at @fortneyscott
- Follow us on LinkedIn
- Email us at info@fortneyscott.com
Thank you for l...
In three landmark rulings, Loper Bright, Jerkasy, and Corner Post, the Supreme Court altered the way the US government functions, especially with regard to issuing and enforcing regulations. Join Nita, David, and Burt as they explain and explore how these decisions impact employers and the rules we have all relied on.
Contact Fortney & Scott:
- Tweet us at @fortneyscott
- Follow us on LinkedIn
- Email us at info@fortneyscott.c...
EEOC Commissioner Andrea Lucas and David discuss the leading issues facing the Equal Employment Opportunity Commission, including corporate DEI programs, the Commissioner’s dissenting views on the new Pregnant Workers Fairness Act (PWFA) regulations, and the EEOC’s new Harassment Guidance, and the Agency’s amicus brief filed in the private litigation involving Artificial Intelligence used by Workday. Don’t miss these great insights...
EEOC’s new Pregnant Workers Fairness Act regulations are effective beginning June 18. Join David and Nita as they discuss best practices for employers to prepare and to comply with the new regulations, and the key differences between the new PWFA and the existing ADA and FMLA requirements.
Contact Fortney & Scott:
- Tweet us at @fortneyscott
- Follow us on LinkedIn
- Email us at info@fortneyscott.com
Thank you fo...
With the election 6 months away, the Biden Administration has launched a cascade of momentous workplace regulations, significantly changing the rules regarding overtime, accommodations for pregnant workers, and the future of covenants not to compete, at the same time, heating up the tension between the agencies and the courts. Join Nita, David, and Burt as they explain how the new regulations could affect employers and whether law...
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