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The DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastFederal Contractor Compliance UpdateThe 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@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/2025-07-1425 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastNLRB Update with Roger KingRoger 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 @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/2025-06-2632 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastTrump and the Unitary ExecutiveThe 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 the workplace.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/2025-05-2831 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastDeregulation and Depopulating: Trump Administration Continues Onslaught on Administrative StateAs 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 Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/2025-04-2925 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastPresident Trump and the Workforce AgenciesThe 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 Court will allow the President to fire NLRB Member Gwen Wilcox.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! htt...2025-04-0823 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastEEOC Demands DEI Data from 20 Law FirmsAs 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 discussion when David Fortney, Nita Beecher, and Leslie Silverman examine the legal basis for the letters, whether a response is required, and how the letters may help employers understand just wh...2025-03-2126 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastUnitary Executive Claims Power over AgenciesPresident 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: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/2025-03-0528 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastTrump Administration Assaults on DEI AccelerateThe 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 at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/2025-02-1323 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastThe Trump Administration Purges the NLRB and EEOCAnother 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 discuss these unprecedented developments, and the impact on employers.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you...2025-02-0425 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastRescission of EO 11246FortneyScott 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 listening! https://www.fortneyscott.com/2025-01-2928 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastDEI Attacks Escalate Ahead of Trump 2nd InaugurationIn 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: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/2025-01-1725 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastA Time of UncertaintyAs 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 LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/2024-12-2026 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastThe Trump Administration and the Workplace AgenciesPresident-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 place and their impact on regulation and enforcement.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you...2024-11-1932 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastFY2024: What the Agencies Have Done and What Is Their FutureIn 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.com Thank you for listening! https://www.fortneyscott.com/2024-10-2528 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastGlobal Trends in Unionization & Collective BargainingDavid 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 and Canadian Agreement) international treaty.Alan serves as the Senior Advisor, Global Employee Relations to the HR Policy Association and also is CEO of the consulting company Global Employee Relations Solutions, and his ex...2024-10-0727 minEmployment MattersEmployment Matters621: Travel Tuesdays: Doing Business in the District of ColumbiaIn our Travel Tuesdays series, we explore the 'need to know' items for doing business in various jurisdictions around the world. This week, we take a closer look at the District of Columbia. Stay tuned for more episodes!Host: Steve Hirschfeld (email) (Hirschfeld Kraemer LLP / California)Guest Speakers: Adriana Joens (email) & Savanna Shuntich (email) (FortneyScott, LLC / District of Columbia)Support the showRegister on the ELA website here to receive email invitations to future programs. 2024-10-0115 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastThe War on DEI Claims New VictimsAs 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 listening! https://www.fortneyscott.com/2024-10-0124 minEmployment MattersEmployment Matters599: US Supreme Court Decision Weakens Federal Agency RulesThe US Supreme Court decided three major decisions at the end of their term that will impact federal agencies and the regulations they issue in the very near future.  The cases are Loper Bright Enterprises v. Raimondo/Relentless Inc. v. Dept. of Commerce; SEC v. Jarkesy; and Corner Post v. Board of Governors of the Federal Reserve Board. In this episode, we unpack each of these decisions for our listeners. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide. Host: Tara Stingley (email) (Cline Williams Wright Johnson & Oldfather, LLP / N...2024-07-1027 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastHas the Supreme Court Ushered in the End of the Administrative State?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.com Thank you for listening! https://www.fortneyscott.com/2024-07-0935 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastUpdate with EEOC Commissioner LucasEEOC 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 and comments provided by Commissioner Lucas! Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://w...2024-06-1227 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastEEOC’s Final PWFA RegulationsEEOC’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 for listening! https://www.fortneyscott.com/2024-05-2924 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastRegulatory AvalancheWith 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 lawsuits will delay, modify, or invalidate the new rules.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for l...2024-05-1028 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastWith 2024 Election Looming, What Are the Agencies Doing?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 Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/2024-04-0128 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastDEI Risk Assessment: What Employers Need to DoWith 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 be done with legal counsel.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/2024-03-2021 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastDEI Faces New Challenges: How Employers Can RespondAs 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 us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/2024-02-2220 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastNew Independent Contractor Rule Raises Issues of Compliance and EnforcementThe 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 confront in deciding just who is an employee and who is an independent contractor.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortn...2024-01-1724 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastMeet Jessica Looman, Administrator of DOL’s Wage & Hour DivisionThe 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 contractor regulations, sub-regulatory guidance, and key take-aways for employers’ compliance efforts.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.for...2024-01-0428 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastFederal Regulatory Agenda, and the Impact on EmployersThe 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 Division, OSHA, OFCCP, and federal contractors, prevailing wages and benefits, EEOC, and the nontraditional workplace agencies, including the FTC and SEC.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info...2023-12-1824 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastPresident Biden Issues an Executive Order on AIOn 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 @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/2023-11-1315 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastKey Pending Supreme Court Cases That Employers Need to TrackThe 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 LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/2023-10-2027 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastJohnny Taylor, President and CEO of SHRM, Discusses DE&I and Workplace ChallengesJoin 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://www.fortneyscott.com/2023-09-1821 minEmployment MattersEmployment Matters517: Child Labor Enforcement and Proposed FLSA Overtime Exemption Regulations in the United StatesOn this episode, we discuss the US Department of Labor’s recent developments in the Wage and Hour Division, involving (1) child labor compliance and (2) new proposed regulations impacting which employees receive overtime.  Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide.Host: Tara Stingley (email) (Cline Williams Wright Johnson & Oldfather, LLP / Nebraska)Guest Speaker: David Fortney (email) (FortneyScott, LLC / District of Columbia)Support the showRegister on the ELA website here to receive email invitations to future programs. 2023-09-1217 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastChallenges to DE&I Programs Mount: How Employers Mitigate Legal RisksChallenges 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 whether DE&I programs are legally compliant.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/2023-08-3022 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastConversation with Solicitor of Labor Seema NandaHear 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 & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/2023-08-2330 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastSupreme Court Rejects Affirmative Action, Raises Standard for Religious AccommodationsThe 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 religious accommodation standards, including the practical and legal challenges that employers now face.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for...2023-07-1022 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastEEOC Vice Chair Discusses New Pregnancy ProtectionsJoin 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 that employers should undertake immediately as the PWFA goes into effect June 27, 2023.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www...2023-06-1424 minEmployment MattersEmployment Matters504: Enforcement of US Child Labor Laws Heats up This Summer: Webinar TeaserIn this episode, we provide an overview of the topics we will be discussing on our upcoming webinar, "Enforcement of US Child Labor Laws Heats up This Summer: Federal and State Regulations Employers Need to Know About." Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide.Register for our webinar on June 20th here. Host: Tara Stingley (email) (Cline Williams Wright Johnson & Oldfather, LLP / Nebraska)Guest Speakers: David Fortney (email) & Savanna Shuntich (email) (FortneyScott, LLC / District of Columbia)Support the show...2023-06-1307 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastFederal, State, and Local Governments Move to Regulate AIThe 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 to upcoming federal, state, and local government oversight.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.f...2023-05-3021 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastThe NLRB Re-Makes the Law for ALL EmployersJoin 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 discuss how the Board’s rulings try to establish Board law as the pre-eminent law of the workplace, despite re-initiating disputes with Congress, the EEOC, and its own ethical precedents.Contac...2023-05-1523 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastThe Biden Administration Takes on AIJoin 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 Commerce issuing a broad Request for Comment seeking information that will be used for rulemaking impacting employers.  The podcast also unpacks how states and localities continue to create new legal requirements for using AI te...2023-04-1930 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastAggressive NLRB Ruling on Severance Agreements Impacts All EmployersThe 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 agreements as well as General Counsel Abruzzo’s memo that expansively interprets the decision, including making it retroactive.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank...2023-03-3122 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastDEI Under Assault: Will It Survive?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 decision on use of race in college admissions. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fo...2023-03-1522 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastAI Updates: EEOC Public Hearing & MoreLearn 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 the recommendations of The Institute for Workplace Equality’s AI Technical Advisory Committee.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.for...2023-02-1321 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastThe EEOC and FTC Announce New Enforcement InitiativesThe 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 expect from these significant new enforcement initiatives by the EEOC and FTC.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/2023-01-3020 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastHail and Farewell to the 117th CongressBipartisan 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 at work, and a huge new budget; with funding for workplace enforcement agencies.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/2023-01-1123 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastWhat the Mid-Term Election Means for EmployersDivided 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: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/2022-11-2123 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastThe Supreme Court Takes on Affirmative ActionThe 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 Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/2022-11-0721 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastDOL’s Proposed Independent Contractor Rule 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 its chances of becoming final.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/2022-10-2818 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastUpdates on the EEOC and AIThe 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 priorities. Meanwhile, AI developments are accelerating, with the EEOC’s HIRE initiative, the pending report on AI by The Institute for Workplace Equality, and the latest on the NYC and DC local laws regulating employers' use of AI.Contact Fortney & Scott: Tw...2022-10-0723 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastSpecial Labor Day Chat with Roger KingFor 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 Policy Association, is a nationally known author and speaker on employment matters, having represented employers before administrative agencies and state and federal courts and testifying before both Senate and House Labor Committees. HR Policy is an employer association that connects, informs, and...2022-09-0630 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastFederal Contractors Face Release of EEO-1 ReportsOFCCP 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 @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/2022-08-3121 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastNAS Report on EEOC Data Collection ReleasedThe 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 previews what employers can expect if and when a new data collection is announced.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fort...2022-08-0827 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastSupremely SupremeThe 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 expanded religious exercise rights for employees.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/2022-07-1322 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastPay Equity Continues EvolvingThis 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 pay transparency laws.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/2022-06-2819 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastThe Federal Workplace Agencies: What’s Going On?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 the USMCA international labor penalties by USTR and DOL.  The DC Insiders discuss the latest on nominations and rulemaking hurdles, and what to expect from the agencies in the coming months.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on Li...2022-06-2126 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastHouse Oversight Hearing on EEOC and OFCCPThe first oversight hearing of the Biden Administration’s EEOC and OFCCP was held by the House Subcommittee on Civil Rights and Human Services.  FortneyScott attorney Savanna Shuntich attended the hearing and reports on the most significant developments. Then, based on the issues raised during the hearing, David, Burt, and Nita discuss what to expect from EEOC once (if) the third Democratic Commissioner is confirmed and the impact on both the EEOC and OFCCP if the Republicans win the House in the upcoming midterm elections. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Emai...2022-05-0321 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastOFCCP Pivots on Contractor ComplianceOFCCP in the past several weeks has finally revised its compliance procedure in the way we expected of the Biden Administration.  Our last episode discussed the agency’s new directive on compliance.  This week, David, Nita, and FS Attorney Liz Bradley discuss OFCCP’s other new initiatives: opening the Contractor Portal for certification, the directive on compliance evaluations, and revising predetermination notice/notice of violation rules.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/2022-04-1222 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastPay Equity Front and Center on 2022 Equal Pay DayDavid, Nita, and Burt focused on the Biden Administration’s pay equity initiatives rolled out on Equal Pay Day (March 15th).  The requirements of OFCCP’s new compensation directive and its possible impact on contractors’ certification was the primary discussion.  In addition, the three also reviewed EEOC Chair Burrows’ outline of the agency’s achievements regarding pay discrimination over the past 5 years. 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/2022-04-0124 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastBiden Administration’s Pro-Worker Agenda Extends Across AgenciesThe historically broad and coordinated efforts by many NUMEROUS Federal agencies under the Biden Administration to support workers’ rights and union organizing are discussed by Nita, David, and Burt.  A special focus is the integrated actions of agencies not usually involved in workplace matters, such as the Securities and Exchange Commission, Federal Trade Commission, Treasury, Department of Justice, and even Agriculture, especially on compliance and anti-competitive and anti-trust issues impacting vulnerable workers.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! htt...2022-03-1521 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastWage & Hour In FluxThe DOL’s Wage & Hour Division has been re-making itself to reflect Pres. Biden’s “pro-worker” agenda.  Join Burt, and W&H specialists Liz Bradley and John Clifford in their discussion of new initiatives to impose Project Labor Agreements, expand and enforce the Davis-Bacon Act, re-write regulations defining independent contractors, AND make sense of the leadership vacuum at the Division.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/2022-02-2117 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastWhat’s the Future for Affirmative Action in Employment?The role of affirmative action is being hotly debated, and employers likely will need to revamp their traditional affirmative action programs.  Join David, Nita, and Burt in their discussion of the evolving social and political responses to President Biden’s Supreme Court nominee, the pending challenges to affirmative action in higher ed before the Supreme Court, and the impact these developments will have on employers’ Diversity, Equity and Inclusion programs.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortn...2022-02-0721 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastAgencies Take the Featured RoleAs focus turns from a stalled Congress, DC Insiders David, Nita, and Burt examine how the workplace enforcement agencies -- Wage & Hour, NLRB, OFCCP, and EEOC -- are coordinating their efforts to achieve the Biden pro-worker agenda. The panel will discuss the growing alliance between the NLRB and Wage & Hour on joint employer and independent contractor regulations, as well as the MOU on joint investigations; the increased cooperation between EEOC and OFCCP on the HIRE initiative; and the Administration-wide initiative to address retaliation in the workplace. Also reviewed is the OFCCP’s Verification Portal, scheduled to open on February 1, an...2022-01-2423 minEmployment MattersEmployment Matters345: US Supreme Court “Stays” OSHA ETSNita and Fiona joined us a few weeks ago after we learned that the Sixth Circuit Court of Appeals, in a 2-1 decision, dissolved the stay previously placed on OSHA’s Emergency Temporary Standard by the Fifth Circuit.  Since then, the Supreme Court reinstated the stay.  Today, Nita and Fiona are back to bring us up to speed on these important developments and provide further insight on what this decision means for employers and employment requirements. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide.Listen to Nita and Fion...2022-01-1818 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastFederal Agencies' Priorities in 2022The 2022 season begins with DC Insiders David, Nita, and Burt analyzing the new priorities for the key Federal agencies: Wage & Hour, NLRB, OFCCP, and EEOC. Employers face greater inter-agency coordination, and the DC Insiders discuss the efforts of W&H and NLRB to revise both the Joint Employer and Independent Contractor regulations and the dramatic impact this could have on the economy.  The EEOC and OFCCP will also be working together by sharing compensation data and implementing new pay data collections.  Also on the agenda are the OFCCP’s Verification Portal, the EEOC’s Gender Equity and Equality and the AI...2022-01-1026 minEmployment MattersEmployment Matters333: US Emergency Temporary Standard: 6th Circuit Lifts the StayLast Friday, December 17th, we learned that the Sixth Circuit Court of Appeals, in a 2-1 decision, dissolved the stay previously placed on OSHA’s Emergency Temporary Standard by the Fifth Circuit.  Today, Nita and Fiona will be providing further insight on what this decision means for employers and employment requirements for vaccinations, face coverings, and testing. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide.Moderator: Tara Stingley (Cline Williams Wright Johnson & Oldfather, LLP / Nebraska)Guest Speakers: Nita Beecher (FortneyScott, LLC / District of Columbia) & Fiona Ong (Sha...2021-12-2120 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastThe New Federal Regulatory Agenda and PoliciesJoin DC Insiders David, Nita, and Burt as they review the Federal agencies' ambitious regulatory plans and policies for 2022.  The Biden Administration’s recently published Federal Fall Regulatory Agenda includes new regulations from Wage & Hour, OFCCP, and the NLRB. The DC Insiders also discuss the Administration’s coordination of its regulatory and enforcement agendas for multiple agencies to advance its broader policy goals relating to the workplace, e.g., joint employment, gig workers, pay equity, and retaliation.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank...2021-12-2029 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastReport from the Front – Courts Block Biden’s Vaccine MandatesJoin David, Nita, and Burt as they review the judicial decisions that enjoined the OSHA, CMS, and Federal Contractor federal vaccine mandates and the implications of those decisions on the future of Executive Orders and federal regulation, in general.  The FS Team discusses the various state laws limiting vaccine mandates in light of the suspension of federal regulation and wraps up with a discussion of best practices for employers, especially multi-jurisdictional employers, facing these profound and challenging conditions.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com 2021-12-0622 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastBiden’s Vaccine Mandates Face Court ChallengesJoin David, Nita, and Burt as they review the judicial challenges to the OSHA Emergency Temporary Standard (ETS) as well as the vaccine mandates for Federal contractors and CMS health care recipients. The FS Team unpacks the latest on the litigation claims against the ETS and Federal contractor mandates as well as the new state laws limiting employers’ compliance with the Federal requirements. The Team wraps up with a discussion of best practices for employers facing these rapid changes.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com ...2021-11-2226 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastNew OSHA Regulation on Vaccine Mandates and TestingJoin David, Nita, and Burt as they discuss the new OSHA Emergency Temporary Standard (ETS) requiring COVID-19 vaccinations or weekly testing for employers with 100 or more employees.  The FS Team unpacks the most significant regulation in OSHA’s history, impacting 84 million employees.  Additionally, the interplay with the Federal contractor vaccination obligations and conflicting state and local laws also are discussed.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/2021-11-0829 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastVaccine Mandates and Exemptions: Religious Exemptions Are Not a Match Made in HeavenJoin David, Nita, and Burt as they discuss the exemption requirements in the COVID federal vaccination mandates; particularly the challenges in addressing religious exemption requests.  The FS Team outlines the issues that exemptions raise for employers under federal and state laws and the challenges when employers are unable to accommodate requests for medical and religious exemptions.  Employers, including Federal contractors, are looking for additional guidance on which accommodations will be acceptable.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://ww...2021-10-2520 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastFederal Contractors Buckle Up: The Biden OFCCP is Getting StartedDavid Fortney is joined by guest David Cohen, from DCI Consulting, Inc., in a deep-dive discussion on the latest updates on enforcement results from the U.S. Department of Labor’s OFCCP focusing on Federal contractors’ compliance with their nondiscrimination and affirmative action obligations, and the Agency’s new initiatives.  The fiscal Year 2021 ended September 30, 2021, and the surprisingly low monetary recoveries by the Biden Administration in its first 8 months are discussed.  Although the initial results were historically low, Federal contractors can expect a much more robust OFCCP in the future, including new initiatives that focus on (1) the collecti...2021-10-1134 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastFederal Contractors' New Vaccination MandatesJoin David, Nita, and Burt as they review President Biden’s Executive Orders imposing new vaccination requirements. The discussion focuses on federal contractors’ new obligations, as set out in the September 24th Guidance issued by the Safer Federal Workforce Task Force.  Included are details about the expansive coverage provisions, the timing and record-keeping requirements, the safety protocols for “visitors” to contractor workplace locations, as well as how the new obligations are to be reconciled with other mandates – including the pending OSHA Emergency Temporary Standard, and state and local requirements.  Finally, some practical steps that Federal contractors can undertake to meet these n...2021-09-3021 minEmployment MattersEmployment MattersEpisode 289: Unpacking Biden's Path Out of the PandemicIn this episode, we summarize President Biden’s Action Plan, The Path Out of the Pandemic, that was announced September 9. We delve into the impending updates to OSHA's Emergency Temporary Standard (ETS) and how businesses need to prepare for what's coming. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide. View David and Bill's summary of Biden's Path Out of the Pandemic Plan here.Find additional resources for employers here.Moderator: Peter Walts (Employment Law Alliance / Global)Guest Speakers: David Fortney (FortneyScott, LCC / Di...2021-09-1420 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastAre 20th Century Employment Laws Effective for 21st Century Workers?To mark the Labor Day holiday, David, Burt, and Nita discuss the developing workplace laws, and review the 20th Century labor and employment laws and assess their effectiveness for the 21st Century workforce.  We focus on how workplace laws historically lag behind changes in work and society and review how the 20th Century laws, such as the laws relating to union organizing, wage and hour, and civil rights protections, are being applied – and altered –  in the 21st Century to the changing workforce including independent contractors and gig workers.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on...2021-09-1325 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastVaccine Mandates, Infrastructure, and Agency Updates—Oh My!In this episode, the FortneyScott team updates the responses to the Delta variant, including the new Federal and employer vaccine mandates and delay of return to office plans; Congress’ efforts to pass far-reaching infrastructure bills; and, the latest from the EEOC, OFCCP, and other key federal agencies.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/2021-08-2328 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastThe Fourth Wave: Federal Contractors and Employers Respond to the COVID ResurgenceJoin David, Nita, and Burt as they review President Biden’s new federal vaccination requirements and the latest developments in the legal battles surrounding vaccine mandates.  The discussion explores how the new requirements affect federal contractors working at federal sites as well as the many complications and challenges contractors face in responding to the new requirements. Such issues as the duty to bargain with unions, the compensability of the time spent by employees securing vaccinations or alternative testing, and the workforce challenges posed by the tight labor market and employee resistance are all discussed. The team also discusses the var...2021-08-0926 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastA Conversation with EEOC Commissioner Keith Sonderling, Part 2—Artificial IntelligenceIn the second episode of the two-part discussion between EEOC Commissioner Keith Sonderling and David Fortney from FortneyScott, Commissioner Sonderling discusses the latest developments in how Artificial Intelligence (AI) is being used to assist in companies’ employment decisions, challenges that AI can pose for compliance with the EEO laws, and the latest efforts by EEOC relating to AI. Includes great insights on the rapidly changing legal landscape for employers using AI to assist in hiring, promotions, layoffs, and a wide range of workforce decisions.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us...2021-07-2818 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastA Conversation with EEOC Commissioner Keith Sonderling, Part 1This week, listen in on EEOC Commissioner Keith Sonderling’s discussion with David Fortney from FortneyScott in the first of an important and timely two-part podcast episode.  In this first episode, Commissioner Sonderling discusses the most recent developments at the EEOC, including how the Commission operates; litigation decision-making and votes by the Commissioners; how conciliation proceeds today following the Congressional rescission of the recent conciliation regulation; and, the latest on EEOC’s Opinion Letters and Guidance on many key issues, including the COVID-19 pandemic.  Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at...2021-07-2839 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastThe Business Case for DE&I: How Effective DE&I Programs Help the Employer’s Bottom LineConsuela Pinto from FortneyScott and Rick Wade, Senior Vice President of Strategic Alliances and Outreach from the U.S. Chamber of Commerce, discuss the Chamber’s Equality of Opportunity Initiative to develop real, sustainable solutions to close race-based opportunity gaps in six key areas: education, employment, entrepreneurship, criminal justice, health, and wealth.  The discussion explores how DE&I efforts focused on employment achieve greater results when they are part of a broader, multi-faceted approach to DE&I by the employer.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com...2021-07-1225 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastPay Data Collection and DisclosuresFortneyScott’s Consuela Pinto, Burt Fishman, and David Fortney discuss how employers are navigating the rapidly changing landscape of pay data disclosures, ranging from the government compelled disclosures in EEO-1 reports and whether those obligations will be reinstated, to voluntary disclosures by employers and the escalating number of FOIA requests DOL has received.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/2021-06-2831 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastHearing from the Front Lines: What Providence Healthcare Learned During the PandemicIn Episode 13, Nita discusses how Providence, the 3rd largest healthcare organization in the United States, dealt with the pandemic using its newly re-established DE&I program and how its pandemic experience impacted the organization’s thinking about work moving forward.  Joining Nita are special guests Denise Bowen, Providence’s VP HR Strategy and Solutions, and Brittany Fisher, Providence’s Executive Director, Affirmative Action & Caregiver DEI.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/2021-06-1422 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastCOVID-19 Guidelines on Vaccinations and Its Impact on Return-to-WorkFortneyScott’s latest episode explores EEOC’s new latest COVID-19 Guidelines on vaccinations and their impact on return-to-work.  Employers may be surprised by EEOC’s take on vaccination status confidentiality.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/2021-06-0721 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastEmployers Reopening Plans: The Impact of the Federal AgenciesIn Episode 11, David and Nita sit down with FortneyScott colleague Leslie Silverman to discuss the EEOC hearing on COVID-19 and civil rights, the implications of the latest CDC guidance announcement regarding masks, and how that will affect employer reopening plans.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/2021-05-2419 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastThe Regulatory Policies of President Biden's First 100 DaysIn this 10th Podcast in the 10-part series on the Biden-Harris Administration’s first 100 days, the FortneyScott attorneys discuss President Biden’s nominees and the key developments, new policies and regulations being implemented by the key Federal agencies, including OSHA, Wage and Hour, OFCCP, EEOC, and the NLRB, and what changes employers will likely see in the future.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/2021-05-1027 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastWorkplace Priorities in President Biden’s Agenda and the Key Pending Bills in CongressIn this 9th episode, the FortneyScott attorneys discuss President Biden’s speech to Congress; the President’s American Rescue, Jobs and Family Plans; and the pending bills in Congress, including the Paycheck Fairness Act and the Equality Act.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/2021-05-0320 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastThe Impact of the Chauvin Verdict and Updates on the Federal AgenciesThis 8th Podcast focuses on the response to the Chauvin verdict, the puzzling inactivity of the federal agencies on employment issues, and then takes a deep dive into the OFCCP’s Affirmative Action Verification process.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/2021-04-2616 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastReturning to Work, Vaccines, & ResistanceThis 7th Podcast reviews the many issues facing employers as they struggle to re-open their businesses. Subjects ranging from the challenges of a “hybrid” workplace to rising COVID infections, vaccination mandates, and employees who either don’t want to be vaccinated or don’t want to return will be discussed. 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/2021-04-1918 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastThe American Jobs Plan and Its Impact on EmployersThis 6th Podcast provides a review of the major provisions of the American Jobs Plan, Pres. Biden’s proposal to re-make the country’s “infrastructure.”  The podcast will focus on the bill’s job-creating efforts, the union-abetting schemes, the controversy over what constitutes “infrastructure,” and how Senate rules on reconciliation affect the chances for passage.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/2021-04-1217 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastThe PRO Act and the Equality Act, and the Impact of the Filibuster RuleThis 5th Podcast provides a rundown of the key developments from the past week, focusing on Congress and the pending PRO Act and Equality Act, and the impact of the Senate’s filibuster rule on their passage in the Senate.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/2021-04-0519 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastBiden Administration Confirmations and Regulatory UpdateIn the fourth episode, we discuss the latest on the confirmation of DOL Secretary Walsh and key nominations, and updates on the rollback of Trump-issued regulations and the issuance of new regulations governing the workplace. 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/2021-03-2920 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastBiden Administration Focuses on the Agencies – OSHA, Wage & Hour, OFCCP and moreIn our third podcast covering the first 100 days of the Biden Administration, we unpack the American Rescue Plan passed by Congress and signed by President Biden and what it means for employers. The President now has achieved a major campaign promise--to provide comprehensive COVID relief, including individual stimulus checks, expanded paid sick, and support for extended unemployment benefits, vaccinations, and state and local governments.  We also discuss the latest on key bills that employers need to know – there is pending legislation already passed by the House that substantially reforms the laws relating to union organizing, EEO, and voting rights. Fin...2021-03-2216 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastPresident Biden Signs the American Rescue Plan Bill and Secures Additional ConfirmationsIn our second podcast covering the first 100 days of the Biden Administration, we unpack what the American Rescue Plan passed by Congress and signed by President Biden means for employers, and provide updates on the Senate confirmations.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/2021-03-1515 minThe DC Insider - Employer Update PodcastThe DC Insider - Employer Update PodcastFirst 45 Days of the Biden AdministrationDebut episode introduces David Fortney, Burt Fishman, and Nita Beecher, who debrief employers on the first 45 days of the Biden Administration.  Click here to access the mentioned DC Insider Report - March 12, 2021.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/2021-03-0923 minEmployment MattersEmployment MattersEpisode 215: Employers Prepare for Change as the Biden-Harris Administration BeginsIn this episode, we discuss changes for employers with respect to the new Biden-Harris Administration, and what to expect from the Administration in the first 100 days. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide.FortneyScott prepares the DC Insider Report that details the developments with the Biden-Harris Administration.  Click here to obtain a copy of the DC Insider Report.Speakers: Tara Stingley (Cline Williams Wright Johnson & Oldfather, LLP / Nebraska) & David Fortney (FortneyScott, LLC / District of Columbia)Support the showRegister on the ELA...2021-02-0820 minEmployment MattersEmployment MattersEpisode 209: Looking Ahead at OSHA Activity in 2021 and BeyondOccupational Safety & Health law and OSHA have received major attention in the national political arena. Employers still implementing safety-first best practices in the workplace are seeing changes in the regulatory and compliance landscape. In this webinar to podcast, experts will discuss how 2021 could bring significant changes and updates for employers and organizations alike. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide.Speakers: Peter Walts (Employment Law Alliance / Global), Rosalee McNamara (Lathrop GPM LLP / Kansas & Missouri - Western), David Fortney (FortneyScott, LLC / District of Columbia) & Bill Wahoff (St...2021-01-2658 minEmployment MattersEmployment MattersEpisode 177: OSHA: Inspections & InvestigationsIn this special webinar to podcast, experts provide and discuss scenarios related to handling OSHA inspections and investigations amid business reopening (rebound effect) with a focus on issues specifically related to OSHA enforcement actions and methods during the pandemic. Subscribe today to stay up to date on employment issues from law experts worldwide.Speakers: Peter Walts (Employment Law Alliance / Global), Rosalee McNamara (Lathrop GPM LLP / Kansas), David S. Fortney (FortneyScott, LLC / District of Columbia), Michael Glassman (Dinsmore & Shohl / Ohio) & Joseph M. Kraska (Cross, Gunter, Witherspoon & Galchus, P.C. / Arkansas)Support the showRegister...2020-09-0159 min