The DC Insider - Employer Update Podcast artwork

The DC Insider - Employer Update Podcast

74 episodes - English - Latest episode: 13 days ago - ★★★★★ - 8 ratings

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 programs, government contracting, international dispute resolution, and counseling matters, and developing strategies for avoiding or responding to workplace-related crises.

Burton J. Fishman has devoted his practice to developing the “law of the workplace,” an interdisciplinary approach that offers employers counsel and representation on a broad range of matters growing out of government regulation of business. His experience extends to the full spectrum of employment and labor matters, including employment discrimination, affirmative action (OFCCP), the Americans with Disabilities Act (ADA), and human resources counseling. In recent years, his practice has focused on assisting clients with the changing laws of pay equity, mandated leave, and similar workplace matters.

H. Juanita "Nita" Beecher is a nationally recognized expert on OFCCP and EEOC matters. She is Counsel to Fortney & Scott, LLC with a focus on OFCCP regulatory affairs. Ms. Beecher’s primary focus is labor and employment law with substantial experience with class investigations by the EEOC and OFCCP. She has more than 30 years of experience in labor and employment law particularly with class investigations by the OFCCP and the EEOC.

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Episodes

Has the Supreme Court Ushered in the End of the Administrative State?

July 09, 2024 15:00 - 35 minutes - 24.6 MB

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 [email protected] Thank you for listening! https://www.fortneyscott.com/

Update with EEOC Commissioner Lucas

June 12, 2024 16:00 - 27 minutes - 18.6 MB

EEOC Commissioner Andrea Lucas and David discuss the leading issues facing the Equal Employment Opportunity Commission, including corporate DEI programs, the Commissioner’s dissenting views on the new Pregnant Workers Fairness Act (PWFA) regulations, and the EEOC’s new Harassment Guidance, and the Agency’s amicus brief filed in the private litigation involving Artificial Intelligence used by Workday. Don’t miss these great insights and comments provided by Commissioner Lucas!   Contact For...

EEOC’s Final PWFA Regulations

May 29, 2024 21:00 - 24 minutes - 16.6 MB

EEOC’s new Pregnant Workers Fairness Act regulations are effective beginning June 18.  Join David and Nita as they discuss best practices for employers to prepare and to comply with the new regulations, and the key differences between the new PWFA and the existing ADA and FMLA requirements.    Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at [email protected] Thank you for listening! https://www.fortneyscott.com/

Regulatory Avalanche

May 10, 2024 21:00 - 28 minutes - 19.8 MB

With the election 6 months away, the Biden Administration has launched a cascade of momentous workplace regulations, significantly changing the rules regarding overtime, accommodations for pregnant workers, and the future of covenants not to compete, at the same time, heating up the tension between the agencies and the courts.  Join Nita, David, and Burt as they explain how the new regulations could affect employers and whether lawsuits will delay, modify, or invalidate the new rules. Conta...

With 2024 Election Looming, What Are the Agencies Doing?

April 01, 2024 14:00 - 28 minutes - 19.4 MB

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 [email protected] Thank you for listening! https://www.fortneyscott.com/

DEI Risk Assessment: What Employers Need to Do

March 20, 2024 16:00 - 21 minutes - 14.9 MB

With the ongoing attacks on corporate DEI programs, Keli Wilson, Director and Principal Consultant, Workforce Equity, DCI Consulting, joined Nita Beecher to discuss why employers should perform a privileged DEI risk assessment now. Keli, an Industrial-Organizational psychologist, outlined the type of in-depth assessment she recommends to her clients while Nita reinforced why these assessments must be done with legal counsel. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us o...

DEI Faces New Challenges: How Employers Can Respond

February 22, 2024 15:00 - 20 minutes - 14.1 MB

As activists bring EEOC charges and federal lawsuits, many companies are re-examining their DE&I programs while seeking to remain committed to the goal of a more diverse and inclusive workforce. Join Burt, Nita, and Leslie Silverman as they discuss the challenges to DE&I and map out ways employers can avoid the legal pitfalls. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at [email protected] Thank you for listening! https://www.fortneyscott....

New Independent Contractor Rule Raises Issues of Compliance and Enforcement

January 17, 2024 15:00 - 24 minutes - 17.2 MB

The DOL’s new Independent Contractor Rule returns us to an era of ambiguity and unpredictable enforcement.  Its multi-factored test leaves everyone uncertain as to how workers are to be classified but with a clear “thumb on the scale” in favor of finding employee status.   Join David, Nita, and Burt in their lively discussion of the rule’s seven factors and the many difficulties employers will confront in deciding just who is an employee and who is an independent contractor. Contact Fortne...

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

January 04, 2024 15:00 - 28 minutes - 19.8 MB

The first episode of the DC Insider for 2024 is a very informative discussion between The Honorable Jessica Looman, Administrator of the US DOL’s Wage and Hour Division, and FortneyScott Co-Founder David Fortney.   Ms. Looman, the recently confirmed top wage and hour official, addresses the Division’s plans for 2024, including compliance and enforcement priorities, new overtime and independent contractor regulations, sub-regulatory guidance, and key take-aways for employers’ compliance effo...

Federal Regulatory Agenda, and the Impact on Employers

December 18, 2023 15:00 - 24 minutes - 16.9 MB

The last episode for 2023 focuses on the Fall 2023 Federal Regulatory Agenda, published December 6th, that provides the latest insights into the Biden Administration’s plans for new regulations in 2024.   Join David, Burt and Nita as they unravel the numerous new regulations that impact employers being developed by the federal agencies governing the workplace, including DOL’s Wage and Hour Division, OSHA, OFCCP, and federal contractors, prevailing wages and benefits, EEOC, and the nontradit...

President Biden Issues an Executive Order on AI

November 13, 2023 20:00 - 15 minutes - 10.9 MB

On October 30th President Biden issued a sweeping executive order directing numerous federal agencies to take actions on AI.  Join David and Savanna as they talk about AI governance efforts here in the United States and abroad and unpack the directives for the Department of Labor in the executive order to see what all this might mean for employers.  Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at [email protected] Thank you for listening! ht...

Key Pending Supreme Court Cases That Employers Need to Track

October 20, 2023 20:00 - 27 minutes - 19 MB

The Supreme Court began a term packed with cases that affect the law of the workplace – and the entire way the government regulates business. Join David, Burt, and Nita as they explain why the Chevron doctrine, changes in the breadth of Title VII, and the legality of administrative enforcement impact every employer in the country. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at [email protected] Thank you for listening! https://www.fortneysc...

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

September 18, 2023 14:00 - 21 minutes - 15.1 MB

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 [email protected] Thank you for listening! https://www.fortneyscott.com/

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

August 30, 2023 18:00 - 22 minutes - 15.2 MB

Challenges to corporate Diversity, Equity & Inclusion (DE&I) programs are escalating rapidly after the Supreme Court’s decision in Harvard/UNC rejecting the use of race in college admissions.  Join FS attorneys David Fortney, Burt Fishman, Leslie Silverman and Nita Beecher as they outline the growing legal challenges to DE&I programs, the key legal guardrails, and steps to assess whether DE&I programs are legally compliant. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on...

Conversation with Solicitor of Labor Seema Nanda

August 23, 2023 13:00 - 30 minutes - 21.1 MB

Hear the latest developments from the chief lawyer at the U.S. Department of Labor, as David meets with The Honorable Seema Nanda, Solicitor of Labor. The Solicitor discusses the priorities for the 500+ attorneys at DOL and provides updates on key DOL rulemakings, interagency cooperation efforts, and compliance assistance tools and tips for practitioners working with DOL. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at [email protected] Thank...

Supreme Court Rejects Affirmative Action, Raises Standard for Religious Accommodations

July 10, 2023 13:00 - 22 minutes - 15.8 MB

The Supreme Court concluded its term by ending racial affirmative action in college admissions and by making it easier for workers to receive religious accommodations. Following a review of the Court’s rulings, the FortneyScott team (David, Leslie, Nita, and Burt) discuss the impact of the decisions on Employer’s federal contractor obligations, DE&I programs, and the application of the new religious accommodation standards, including the practical and legal challenges that employers now face...

EEOC Vice Chair Discusses New Pregnancy Protections

June 14, 2023 17:00 - 24 minutes - 16.9 MB

Join David and guest EEOC Vice Chair Jocelyn Samuels as they discuss the new Pregnant Workers Fairness Act (PWFA).  The PWFA requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”  The discussion addresses compliance steps that employers should undertake immediately as the PWFA goes into effect June 27, 2023. Contac...

Federal, State, and Local Governments Move to Regulate AI

May 30, 2023 16:00 - 21 minutes - 14.9 MB

The use of Artificial Intelligence (AI) in employment decision-making is getting the attention of federal, state, and local governments.   This week, Nita Beecher and FS colleague Leslie Silverman welcomes guest Dr. Frida Polli, former EEOC Vice Chair, neuroscientist, and Chief Data Scientist of Harver to discuss the latest on government regulation of AI in employment and how employers can respond to upcoming federal, state, and local government oversight. Contact Fortney & Scott: Tweet u...

The NLRB Re-Makes the Law for ALL Employers

May 15, 2023 21:00 - 23 minutes - 16.3 MB

Join Nita, Burt, and FS colleague Liz Bradley as they explain the impact on ALL employers – with or without unions – of recent actions of the NLRB.  From altering the definition of joint employee to changing what any employer can put in an employee handbook, to when a verbally abusive employee can be disciplined, the Board’s decisions will influence how businesses are run.    The panel will also discuss how the Board’s rulings try to establish Board law as the pre-eminent law of the workpla...

The Biden Administration Takes on AI

April 19, 2023 15:00 - 30 minutes - 20.6 MB

Join David, Savanna, and special guest Vicki Lipnic, former Acting Chair of the EEOC,  as they discuss important recent AI developments at the federal level, legislative, and regulatory action on AI in states and localities, and efforts to make AI technology vendors liable for workplace discrimination.   The discussion reviews the Biden Administration’s latest AI efforts through the Dept. of Commerce issuing a broad Request for Comment seeking information that will be used for rulemaking im...

Aggressive NLRB Ruling on Severance Agreements Impacts All Employers

March 31, 2023 15:00 - 22 minutes - 15.5 MB

The National Labor Relations Board continues its aggressive efforts to re-make labor law, issuing in a new decision that substantially limits severance agreements for nearly all US employers (both union and non-union).  Join David, Nita, and Burt as they unpack the NLRB’s recent decision, McLaren Macomb, that limits broadly written nondisparagement and confidentiality clauses in severance agreements as well as General Counsel Abruzzo’s memo that expansively interprets the decision, includi...

DEI Under Assault: Will It Survive?

March 15, 2023 14:00 - 22 minutes - 15.6 MB

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...

AI Updates: EEOC Public Hearing & More

February 13, 2023 14:00 - 21 minutes - 14.5 MB

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 the recommendations of The Institute for Workplace Equality’s AI Technical Advisory Committee. Contact Fortney & Scott: Tweet us at @fortneysco...

The EEOC and FTC Announce New Enforcement Initiatives

January 30, 2023 17:00 - 20 minutes - 14.2 MB

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 expect from these significant new enforcement initiatives by the EEOC and FTC. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on Li...

Hail and Farewell to the 117th Congress

January 11, 2023 14:00 - 23 minutes - 16.4 MB

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 at work, and a huge new budget; with funding for workplace enforcement agencies. Contact Fortney & Scott: Tweet us at @fortneyscott Follow u...

What the Mid-Term Election Means for Employers

November 21, 2022 17:00 - 23 minutes - 16.1 MB

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: Tweet us at @fortneyscott Follow us on LinkedIn Email us at [email protected] Thank you for listening! https://www.fortneyscott....

The Supreme Court Takes on Affirmative Action

November 07, 2022 14:00 - 21 minutes - 14.6 MB

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 Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at [email protected] Thank you for listening! https://w...

The Supreme Court Takes on Affirmative Action

November 07, 2022 14:00 - 21 minutes - 14.6 MB

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 Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at [email protected] Thank you for listening! https://w...

DOL’s Proposed Independent Contractor Rule

October 28, 2022 17:00 - 18 minutes - 12.8 MB

 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 [email protected]...

Updates on the EEOC and AI

October 07, 2022 15:00 - 23 minutes - 15.9 MB

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 priorities.  Meanwhile, AI developments are accelerating, with the EEOC’s HIRE initiative, the pending report on AI by The Institute for Workplace ...

Special Labor Day Chat with Roger King

September 06, 2022 13:00 - 30 minutes - 20.9 MB

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 Policy Association, is a nationally known author and speaker on employment matters, having represented employers before administrative agencies and ...

Federal Contractors Face Release of EEO-1 Reports

August 31, 2022 13:00 - 21 minutes - 14.9 MB

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 @fortneyscott Follow us on LinkedIn Email us at [email protected] Thank you for listening! https://www.fortneyscott.com/

NAS Report on EEOC Data Collection Released

August 08, 2022 13:00 - 27 minutes - 19 MB

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 previews what employers can expect if and when a new data collection is announced. Contact Fortney & Scott: Tweet us at @fortneyscott Follow...

Supremely Supreme

July 13, 2022 13:00 - 22 minutes - 15.7 MB

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 expanded religious exercise rights for employees. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at inf...

Pay Equity Continues Evolving

June 28, 2022 17:00 - 19 minutes - 13.3 MB

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 pay transparency laws. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at [email protected] Than...

The Federal Workplace Agencies: What’s Going On?

June 21, 2022 13:00 - 26 minutes - 17.9 MB

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 t...

House Oversight Hearing on EEOC and OFCCP

May 03, 2022 19:00 - 21 minutes - 14.8 MB

The 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 i...

OFCCP Pivots on Contractor Compliance

April 12, 2022 14:00 - 22 minutes - 15.2 MB

OFCCP 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 @fortneyscot...

Pay Equity Front and Center on 2022 Equal Pay Day

April 01, 2022 15:00 - 24 minutes - 17.2 MB

David, 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 Emai...

Biden Administration’s Pro-Worker Agenda Extends Across Agencies

March 15, 2022 15:00 - 21 minutes - 15.1 MB

The 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 i...

Wage & Hour In Flux

February 21, 2022 14:00 - 17 minutes - 12.2 MB

The 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@fortne...

What’s the Future for Affirmative Action in Employment?

February 07, 2022 17:00 - 21 minutes - 14.8 MB

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: Twe...

Agencies Take the Featured Role

January 24, 2022 16:00 - 23 minutes - 16.3 MB

As 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 Adm...

Federal Agencies' Priorities in 2022

January 10, 2022 16:00 - 26 minutes - 18.3 MB

The 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 ...

The New Federal Regulatory Agenda and Policies

December 20, 2021 14:00 - 29 minutes - 20.1 MB

Join 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, p...

Report from the Front – Courts Block Biden’s Vaccine Mandates

December 06, 2021 14:00 - 22 minutes - 15.2 MB

Join 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 pro...

Biden’s Vaccine Mandates Face Court Challenges

November 22, 2021 16:00 - 26 minutes - 18.1 MB

Join 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. Co...

New OSHA Regulation on Vaccine Mandates and Testing

November 08, 2021 16:00 - 29 minutes - 20.1 MB

Join 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 Li...

New OSHA Regulation on Vaccine Mandates and Testing

November 08, 2021 16:00 - 29 minutes - 20.1 MB

Join 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 Li...

Vaccine Mandates and Exemptions: Religious Exemptions Are Not a Match Made in Heaven

October 25, 2021 14:00 - 20 minutes - 14.1 MB

Join 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 wil...

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@fortneyscott 32 Episodes