The DC Insider - Employer Update Podcast

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 Em...

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 th...

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.c...

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...

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 Workd...

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@fortneyscot...

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 cou...

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 Ema...

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...

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 u...

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 con...

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 con...

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 Divisio...

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 @fortne...

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...

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://...

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 wheth...

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 & Sco...

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 rel...

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...

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...

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 d...

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 Comm...

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 agreeme...

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 deci...