As President Trump reaches his 100th day, his assault on federal agencies continues as he expands his authority over every aspect of the Executive Branch of the federal government.  Join David, Nita, and Burt’s spirited debate on the impact of Trump’s plans to eliminate undesired regulations, unwanted labor agreements, and bothersome legal theories, like disparate impact, on employers, workers, and the role government.

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The Trump Administration pushes to change the direction of workforce agencies while it continues to cut the government workforce.  Join Nita and Burt as they review the management-friendly directions presaged at the Labor Department with new nominations for Solicitor and Wage & Hour Administrator, the President’s attempt to eliminate collective bargaining rights for most unionized government employees and whether the Supreme Court will allow the President to fire NLRB Member Gwen Wilcox.

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As part of the Trump Administration’s efforts to root out DEI and in response to President Trump’s Executive Order 14230, Addressing Risks on Perkins Coie LLP, the EEOC Acting Chair of the EEOC sent lengthy inquiries to 20 major law firms, claiming their DEI practices may violate Title VII. The letters, issued with no charge pending, posed specific 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 what “illegal DEI” is.

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President Trump continues the unprecedented expansion of his authority over the Executive Branch through Executive Orders by bringing independent agencies under the direct control of OMB – from personnel to substance of regulations, to budgets, even to being in DC.  Join David, Nita, and Burt as they unravel a series of EOs and Memos detailing how the unitary executive authority takes shape in practice.

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The Administration’s efforts to eliminate DEI practices from both the public and private sectors have expanded to include memos and guidance from the Attorney General and the OPM. Join David, Nita, and Burt as they detail the breadth of the efforts to eliminate DEI and explain how criminal liability is in the offing for private businesses.

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Another hectic week for labor and employment lawyers as the Trump Administration puts the NLRB and EEOC in its sights.   Join David Fortney and Nita Beecher as they discuss the practical implications of President Trump firing a Democratic NLRB Board Member and two Democratic EEOC Commissioners, leaving both agencies without a quorum.  Additionally, as expected, the General Counsel from both agencies also were fired.  Nita and David discuss these unprecedented developments, and the impact on employers.

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FortneyScott begins its series of webinars regarding Pres. Trump's Executive Orders.  This first focuses on the revocation of EO 11246.  Join David Fortney and Elizabeth Bradley as they review what employers need to know in navigating through these significant workforce changes.

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In the wake of the election of Donald Trump to a second term, numerous private corporations are rapidly scaling back their DEI initiatives. Some “red” state legislatures have even begun passing laws to ban DEI in all public sector recruiting, hiring, and training efforts.  Join David, Nita, and Burt as they review recent attacks on DEI and examine the depth of commitment to these challenged programs.

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As more of President Trump’s personnel and policies are revealed, David, Nita, and Burt survey the changes that face the workplace agencies. Don’t miss this incisive and probing interchange designed to explore the future of DEI, of the OFCCP and the Executive Order, of the EEOC and the Pregnancy Regs, of the NLRB, now anticipating a Republican majority.

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President-elect Trump and his appointees planned radical reformation of the Federal government is expected to impact the workplace enforcement agencies.  Join David, Nita, and Burt as they review the likely actions to install new leadership and to dramatically revise the policies of the EEOC, the NLRB, the DOL (OFCCP and Wage Hour), and others. Don’t miss this extended session which addresses the leadership changes certain to take place and their impact on regulation and enforcement.

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In the wake of unprecedented  Supreme Court decisions fundamentally changing the role of regulation and enforcement, David, Nita, and Burt review the major actions of the workplace agencies -- EEOC, NLRB, DOL/W&H/OFCCP – in light of the new legal landscape and forecast the substance and impact of future regulation.

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David discusses the global trends in unionization and collective bargaining with Alan Wild, an expert with 40-years of global employee relations experience. Alan and David review how multinational employers are coping with rapidly changing – and sometimes conflicting -- collective bargaining obligations, including the significant changes employers 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 experience includes work in the corporate, consulting and intergovernmental world.  His full bio is available here. Alan also hosts his own podcast, A Walk on the Wild Side.

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As challenges to DEI programs increase, more companies are rolling back their commitments.  David, Nita and Burt discuss the successful challenges that Robby Starbuck has mounted, and the ways in which DEI has become involved in the political discourse and legislative proposals in Congress.

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In three landmark rulings, Loper Bright, Jerkasy, and Corner Post, the Supreme Court altered the way the US government functions, especially with regard to issuing and enforcing regulations.  Join Nita, David, and Burt as they explain and explore how these decisions impact employers and the rules we have all relied on.

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

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EEOC’s new Pregnant Workers Fairness Act regulations are effective beginning June 18.  Join David and Nita as they discuss best practices for employers to prepare and to comply with the new regulations, and the key differences between the new PWFA and the existing ADA and FMLA requirements.   

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

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Budget ceilings, acting leadership, and skeptical courts combine to put pressure on the workplace agencies as the impending election further limits their options and opportunities.  Join David, Nita, and Burt in a lively discussion of the current actions, inactions, and expectations of DOL, NLRB, EEOC, and the courts.

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

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As activists bring EEOC charges and federal lawsuits, many companies are re-examining their DE&I programs while seeking to remain committed to the goal of a more diverse and inclusive workforce. Join Burt, Nita, and Leslie Silverman as they discuss the challenges to DE&I and map out ways employers can avoid the legal pitfalls.

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The DOL’s new Independent Contractor Rule returns us to an era of ambiguity and unpredictable enforcement.  Its multi-factored test leaves everyone uncertain as to how workers are to be classified but with a clear “thumb on the scale” in favor of finding employee status.  

Join David, Nita, and Burt in their lively discussion of the rule’s seven factors and the many difficulties employers will confront in deciding just who is an employee and who is an independent contractor.

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The first episode of the DC Insider for 2024 is a very informative discussion between The Honorable Jessica Looman, Administrator of the US DOL’s Wage and Hour Division, and FortneyScott Co-Founder David Fortney.  

Ms. Looman, the recently confirmed top wage and hour official, addresses the Division’s plans for 2024, including compliance and enforcement priorities, new overtime and independent contractor regulations, sub-regulatory guidance, and key take-aways for employers’ compliance efforts.

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The last episode for 2023 focuses on the Fall 2023 Federal Regulatory Agenda, published December 6th, that provides the latest insights into the Biden Administration’s plans for new regulations in 2024.  

Join David, Burt and Nita as they unravel the numerous new regulations that impact employers being developed by the federal agencies governing the 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.

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On October 30th President Biden issued a sweeping executive order directing numerous federal agencies to take actions on AI.  Join David and Savanna as they talk about AI governance efforts here in the United States and abroad and unpack the directives for the Department of Labor in the executive order to see what all this might mean for employers. 

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The Supreme Court began a term packed with cases that affect the law of the workplace – and the entire way the government regulates business. Join David, Burt, and Nita as they explain why the Chevron doctrine, changes in the breadth of Title VII, and the legality of administrative enforcement impact every employer in the country.

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