The DC Insider - Employer Update Podcast

The EU Pay Transparency Directive is a significant new compliance obligation for many multinational employers. Join David, Liz, and Nita as they discuss how the Directive’s requirements compare to U.S.-based pay gap reporting and pay analytics. They also discuss what U.S. employers with EU operations should be doing now to prepare for upcoming reporting obligations and to respond to future employe...

We’ve just wrapped up presenting at some of the leading national employer conferences, and we heard from the leaders at federal agencies and hundreds of employers.  Join David, Liz and Nita as they discuss the latest developments, including the implementation of the EU Pay Transparency Directive, the impact of EEOC’s proposal to eliminate the EEO-1 Report, the unique challenges issues federal cont...

This episode features a timely conversation with Jonathan Berry, DOL’s Solicitor of Labor, discussing how the Solicitor prioritizes DOL’s enforcement efforts (focusing on the Big, the Bad and the Ugly) and the Department’s regulatory agenda.  The wide-ranging discussion with Solicitor Berry will provide employers with practical insight on major DOL rulemakings, including independent contractor and...

The administration is reframing DEI compliance as a matter of “economy and efficiency” in federal contracting. FortneyScott attorneys Elizabeth Bradley, Nita Beecher, and Adriana Joens unpack EO 14398, explain how it differs from EO 14173, and explore the new certifications, new contract clauses, and new exposure. This episode also examines how EO 14398 reshapes risk for prime contractors and subc...

The Trump Administration challenges based on DEI continue. Join David Fortney and Nita Beecher as they discuss the latest developments, including the FTC letter warning 42 law firms about participating in the Mansfield Certification program; the EEOC’s subpoena enforcement litigation filed against several large employers challenging their failure to provide detailed information on DEI programs; an...

Join David Fortney, Nita Beecher and Burt Fishman as they discuss the altered state of workplace civil rights in the second Trump Administration.  The panel reviews the legal landscape in the wake of President Trump’s executive orders eliminating affirmative action, attacking DEI, and limiting the use of disparate impact. Additionally, they outline what employers can expect from DOJ, DOL and EEOC...

As the federal government shutdown ends, join David Fortney’s wide-ranging conversation with EEOC Chair Andrea Lucas as they discuss her new status as Chair and what to expect from the EEOC now that the agency has a quorum.  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/

In this episode, we discuss the current top issues for employers – AI, DEI and Pay Equity – that were highlighted at multiple employment conferences that David Fortney and FortneyScott attorneys Liz Bradley and Nita Beecher recently attended.  For each, we explore the issues and share the key strategies that employers are following to address these developments. Contact Fortney & Scott: Tweet...

In this episode, FortneyScott shareholder Leslie Silverman, a former EEOC Vice Chair and Commissioner, joins David to unpack how the Trump Administration and the EEOC are prioritizing religious freedom and accommodation, and what employers need to know to stay compliant in a shifting enforcement landscape. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at inf...

The Trump Administration’s Regulatory Agenda is the starting point for David, Nita, and Burt’s lively discussion of the consequences of the Administration’s de-regulatory agenda and its efforts to exert presidential control over all executive agencies. The “nuclear option” for confirming nominees, judicial rulings questioning the constitutionality of administrative enforcement, and the impact of t...

Join David in a special interview with Taylor Stockton, Chief Innovation Officer of the U.S. Department of Labor, as they discuss the Trump Administration’s newly released AI Action Plan and DOL’s lead responsibilities in expanding AI opportunities for workers and upskilling our current and future workforce. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at i...

The Labor Department has a leading role in shaping and leading a wide range of the Trump Administration’s policies and initiatives affecting the workplace.  Join David Fortney, Nita Beecher, and Adriana Joens as they discuss the significant changes DOL is undergoing in Trump 2.0, including updates on significant regulatory changes, enforcement, new voluntary compliance programs, and the expansive...

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 Li...

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 &...

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...

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, an...

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 e...

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 reach...

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 pra...

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 Fol...

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 agenci...

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 Than...

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 progra...

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 @fo...

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...