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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. 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 p ...
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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 [email protected] Thank you for liste…
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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 …
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The Selective Hearing staff review the 2025 STAYC Tour: [Stay Tuned]. DISCLAIMER: Review Ticket Provided by LiveNation, Kakao, and High Up Entertainment Introduction What have you been doing? What are you drinking? Topic 1: Our Previous History with STAYC Quick reminder of how you got started with STAYC Cliffs Notes on the previous shows you have s…
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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 @fort…
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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 …
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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 @fo…
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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 …
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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 & Scot…
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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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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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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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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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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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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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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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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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The Selective Hearing staff review (G)I-DLE's World Tour I-DOL in Cinemas concert movie. Topic List: 0:00 - Site ID/Intro Song - SUPER LADY. 0:21 - Introductions. 2:37 - Have you watched any K-pop concerts in theatres before? 7:10 - What screenings were available in your area? 9:56 - What type of screening did you attend? 30:10 - Thoughts on the co…
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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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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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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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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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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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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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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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Selective Hearing discusses the IU HEREH World tour stops in New Jersey, Oakland and Los Angeles. Recorded August 18, 2024 Introductions (Opening song: Good Day) What are you drinking? World Tour Announcement How hyped were you for this tour? Which American tour stop(s) did you choose to attend and why? How difficult was it for you to get tickets t…
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Recorded on August 4, 2024 Selective Hearing’s Greg speaks to LST K-Pop’s Ping about his time at KCON LA 2024. Introductions (Intro Song: BINI – Cherry on Top) What was the main reason you decided to attend KCON 2024? Lineup The lineup of KCON 2024 had a good mix of up-and-comers, established mid-tier acts on the cusp of breaking through to the nex…
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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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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 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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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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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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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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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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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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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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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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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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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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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 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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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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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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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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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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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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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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