Best Updates On Ms. J Podcasts (2025)

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NLRB Update with Roger King 32:22

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18d ago32:22

32:22

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 cour…

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Trump and the Unitary Executive 31:47

2M ago31:47

31:47

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 adm…

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Deregulation and Depopulating: Trump Administration Continues Onslaught on Administrative State 25:20

3M ago25:20

25:20

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,…

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President Trump and the Workforce Agencies 23:35

3M ago23:35

23:35

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 barg…

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EEOC Demands DEI Data from 20 Law Firms 26:12

4M ago26:12

26:12

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…

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Unitary Executive Claims Power over Agencies 28:29

4M ago28:29

28:29

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 t…

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Trump Administration Assaults on DEI Accelerate 23:52

5M ago23:52

23:52

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 …

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The Trump Administration Purges the NLRB and EEOC 25:24

5M ago25:24

25:24

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…

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Rescission of EO 11246 28:32

6M ago28:32

28:32

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…

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DEI Attacks Escalate Ahead of Trump 2nd Inauguration 25:43

6M ago25:43

25:43

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 t…

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A Time of Uncertainty 26:25

7M ago26:25

26:25

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 majo…

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The Trump Administration and the Workplace Agencies 32:06

8M ago32:06

32:06

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’…

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FY2024: What the Agencies Have Done and What Is Their Future 28:58

9M ago28:58

28:58

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 …

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Global Trends in Unionization & Collective Bargaining 27:34

9M ago27:34

27:34

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 …

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The War on DEI Claims New Victims 24:31

10M ago24:31

24:31

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 u…

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Has the Supreme Court Ushered in the End of the Administrative State? 35:49

1y ago35:49

35:49

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…

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Update with EEOC Commissioner Lucas 27:06

1y ago27:06

27:06

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 litigati…

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EEOC’s Final PWFA Regulations 24:07

1y ago24:07

24:07

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 u…

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Regulatory Avalanche 28:51

1y ago28:51

28:51

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…

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With 2024 Election Looming, What Are the Agencies Doing? 28:09

1+ y ago28:09

28:09

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 …

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DEI Risk Assessment: What Employers Need to Do 21:38

1+ y ago21:38

21:38

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 client…

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DEI Faces New Challenges: How Employers Can Respond 20:27

1+ y ago20:27

20:27

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 & Sco…

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New Independent Contractor Rule Raises Issues of Compliance and Enforcement 24:56

1+ y ago24:56

24:56

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 facto…

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Meet Jessica Looman, Administrator of DOL’s Wage & Hour Division 28:47

1+ y ago28:47

28:47

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 enforcem…

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Federal Regulatory Agenda, and the Impact on Employers 24:31

1+ y ago24:31

24:31

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 …

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President Biden Issues an Executive Order on AI 15:52

1+ y ago15:52

15:52

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. …

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Key Pending Supreme Court Cases That Employers Need to Track 27:34

1+ y ago27:34

27:34

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 &…

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Johnny Taylor, President and CEO of SHRM, Discusses DE&I and Workplace Challenges 21:54

2y ago21:54

21:54

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@fortneysco…

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Challenges to DE&I Programs Mount: How Employers Mitigate Legal Risks 22:08

2y ago22:08

22:08

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 …

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Conversation with Solicitor of Labor Seema Nanda 30:41

2y ago30:41

30:41

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 practit…

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Supreme Court Rejects Affirmative Action, Raises Standard for Religious Accommodations 22:53

2y ago22:53

22:53

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&…

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EEOC Vice Chair Discusses New Pregnancy Protections 24:32

2y ago24:32

24:32

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 hard…

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Federal, State, and Local Governments Move to Regulate AI 21:43

2y ago21:43

21:43

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 o…

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The NLRB Re-Makes the Law for ALL Employers 23:40

2y ago23:40

23:40

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…

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The Biden Administration Takes on AI 30:00

2y ago30:00

30:00

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…

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Aggressive NLRB Ruling on Severance Agreements Impacts All Employers 22:28

2+ y ago22:28

22:28

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 …

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DEI Under Assault: Will It Survive? 22:43

2+ y ago22:43

22:43

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 a…

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AI Updates: EEOC Public Hearing & More 21:02

2+ y ago21:02

21:02

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 th…

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The EEOC and FTC Announce New Enforcement Initiatives 20:40

2+ y ago20:40

20:40

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 expec…

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Hail and Farewell to the 117th Congress 23:50

2+ y ago23:50

23:50

Bipartisan achievement marked the last weeks of the 117th Congress. With divided government looming, the Congress ended with a series of significant legislative accomplishments and confirming a lot of new judges. Join Nita, David, and Burt as they analyze the impact on employers of the same-sex marriage bill, the long-delayed protections for women …

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What the Mid-Term Election Means for Employers 23:27

2+ y ago23:27

23:27

Divided government returns, with Ds retaining the Senate, and Rs narrowly winning the House. Join David, Nita, and Burt as they analyze the impact of the historic midterm elections on key nominations, forthcoming regulations to pursue the Biden pro-labor agenda and stepped-up oversight by an energized House Labor Committee. Contact Fortney & Scott:…

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The Supreme Court Takes on Affirmative Action 21:15

2+ y ago21:15

21:15

The Supreme Court heard arguments for 5 ½ hours! Join David, Nita, and Burt as they distill and condense the various positions taken on Constitutional rights, statutory requirements, the benefits of diversity, the burdens of racial preferences, and the impact on universities, employers, and society of the predicted reversal of precedents. Contact F…

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DOL’s Proposed Independent Contractor Rule 18:31

2+ y ago18:31

18:31

The DOL’s long-awaited Independent Contractor regulations were finally issued and are the subject of the latest episode. Join Burt, and two Fortney Scott experts in Wage and Hour law, John Clifford and Savanna Shuntich, as they unravel and explain the impact of this lengthy, complex, and important regulation on employers and employees... including …

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Updates on the EEOC and AI 23:09

3y ago23:09

23:09

The DC Insider podcast returns with a lively discussion of the latest developments involving the EEOC and Artificial Intelligence. Join David, Nita, and Burt as they review the EEOC at a critical point—with tensions among the Commissioners, nominees pending required for the Democrats to have a majority, and hearings on new strategic enforcement pri…

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Special Labor Day Chat with Roger King 30:21

3y ago30:21

30:21

For this special Labor Day episode of the DC Insider - Employer Update Podcast, David sits down with highly regarded DC Insider and labor relations expert Roger King to discuss the current state of labor generally and the Biden Administration’s push to support unions specifically. King, currently the Senior Labor and Employment Counsel for HR Polic…

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Federal Contractors Face Release of EEO-1 Reports 21:39

3y ago21:39

21:39

OFCCP received a FOIA request for 5-years of EEO-1 Reports. Federal contractors must object to the request by Sept. 19 or the data will be released. Join David, Nita, and Burt as they review the latest judicial interpretations of FOIA and the ways contractors can preserve their data from being disclosed. Contact Fortney & Scott: Tweet us at @fortne…

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NAS Report on EEOC Data Collection Released 27:33

3y ago27:33

27:33

The NAS Report, evaluating the EEOC’s Pay Data Collection, was finally released on July 28, 2022. Nita brings her special experience as a member of the initial NAS panel and joins David and Burt to discuss the NAS Panel’s often critical conclusions and its sweeping recommendations for reconstructing the entire data collection process. The team then…

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Supremely Supreme 22:47

3y ago22:47

22:47

The implications for employers of the momentous Supreme Court rulings are the subject of the latest episode. David, Nita, and Burt discuss the impact of the abortion, environment, and religious freedom decisions on employee health plans, travel benefits, Title VII protections, the diminished role of federal regulation of the workplace, and broadly …

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Pay Equity Continues Evolving 19:23

3y ago19:23

19:23

This year has featured major equal pay settlements, including Google’s recent $118 million settlement with female employees. FortneyScott attorneys Nita Beecher and Savanna Shuntich talk us through some of the biggest settlements and why listeners should be paying attention. They round out their discussion with an analysis of the new trend in state…

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The Federal Workplace Agencies: What’s Going On? 26:04

3y ago26:04

26:04

With a divided and often resistant Congress, many expected the Federal agencies to aggressively implement the Biden Administration’s agenda. However, the results to date are mixed. David, Burt, and Nita review the latest from the NLRB, EEOC, OFCCP, Wage and Hour, the new DOJ criminal investigation of employment practices, and the implementation of …