Beste DC Insider podcasts (2024)

1
FY2024: What the Agencies Have Done and What Is Their Future 28:58

24d ago28:58

28:58

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

1
Global Trends in Unionization & Collective Bargaining 27:34

1M ago27:34

27:34

David discusses the global trends in unionization and collective bargaining with Alan Wild, an expert with 40-years of global employee relations experience. Alan and David review how multinational employers are coping with rapidly changing – and sometimes conflicting -- collective bargaining obligations, including the significant changes employers …

1
The War on DEI Claims New Victims 24:31

2M ago24:31

24:31

As challenges to DEI programs increase, more companies are rolling back their commitments. David, Nita and Burt discuss the successful challenges that Robby Starbuck has mounted, and the ways in which DEI has become involved in the political discourse and legislative proposals in Congress. Contact Fortney & Scott: Tweet us at @fortneyscott Follow u…

1
Has the Supreme Court Ushered in the End of the Administrative State? 35:49

4M ago35:49

35:49

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

1
Update with EEOC Commissioner Lucas 27:06

5M ago27:06

27:06

EEOC Commissioner Andrea Lucas and David discuss the leading issues facing the Equal Employment Opportunity Commission, including corporate DEI programs, the Commissioner’s dissenting views on the new Pregnant Workers Fairness Act (PWFA) regulations, and the EEOC’s new Harassment Guidance, and the Agency’s amicus brief filed in the private litigati…

1
EEOC’s Final PWFA Regulations 24:07

6M ago24:07

24:07

EEOC’s new Pregnant Workers Fairness Act regulations are effective beginning June 18. Join David and Nita as they discuss best practices for employers to prepare and to comply with the new regulations, and the key differences between the new PWFA and the existing ADA and FMLA requirements. Contact Fortney & Scott: Tweet us at @fortneyscott Follow u…

1
Regulatory Avalanche 28:51

6M ago28:51

28:51

With the election 6 months away, the Biden Administration has launched a cascade of momentous workplace regulations, significantly changing the rules regarding overtime, accommodations for pregnant workers, and the future of covenants not to compete, at the same time, heating up the tension between the agencies and the courts. Join Nita, David, and…

1
With 2024 Election Looming, What Are the Agencies Doing? 28:09

8M ago28:09

28:09

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

1
DEI Risk Assessment: What Employers Need to Do 21:38

8M ago21:38

21:38

With the ongoing attacks on corporate DEI programs, Keli Wilson, Director and Principal Consultant, Workforce Equity, DCI Consulting, joined Nita Beecher to discuss why employers should perform a privileged DEI risk assessment now. Keli, an Industrial-Organizational psychologist, outlined the type of in-depth assessment she recommends to her client…

1
DEI Faces New Challenges: How Employers Can Respond 20:27

9M ago20:27

20:27

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

1
New Independent Contractor Rule Raises Issues of Compliance and Enforcement 24:56

10M ago24:56

24:56

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

1
Meet Jessica Looman, Administrator of DOL’s Wage & Hour Division 28:47

11M ago28:47

28:47

The first episode of the DC Insider for 2024 is a very informative discussion between The Honorable Jessica Looman, Administrator of the US DOL’s Wage and Hour Division, and FortneyScott Co-Founder David Fortney. Ms. Looman, the recently confirmed top wage and hour official, addresses the Division’s plans for 2024, including compliance and enforcem…

1
Federal Regulatory Agenda, and the Impact on Employers 24:31

11M ago24:31

24:31

The last episode for 2023 focuses on the Fall 2023 Federal Regulatory Agenda, published December 6th, that provides the latest insights into the Biden Administration’s plans for new regulations in 2024. Join David, Burt and Nita as they unravel the numerous new regulations that impact employers being developed by the federal agencies governing the …

1
President Biden Issues an Executive Order on AI 15:52

1y ago15:52

15:52

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

1
Key Pending Supreme Court Cases That Employers Need to Track 27:34

1y ago27:34

27:34

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

1
Johnny Taylor, President and CEO of SHRM, Discusses DE&I and Workplace Challenges 21:54

1y ago21:54

21:54

Join a lively discussion with Johnny Taylor, President and CEO of SHRM, as he shares with David how SHRM and its members are addressing the latest DE&I developments and the related challenges employers face in addressing AI and Return to the Office. Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneysco…

1
Challenges to DE&I Programs Mount: How Employers Mitigate Legal Risks 22:08

1y ago22:08

22:08

Challenges to corporate Diversity, Equity & Inclusion (DE&I) programs are escalating rapidly after the Supreme Court’s decision in Harvard/UNC rejecting the use of race in college admissions. Join FS attorneys David Fortney, Burt Fishman, Leslie Silverman and Nita Beecher as they outline the growing legal challenges to DE&I programs, the key legal …

1
Conversation with Solicitor of Labor Seema Nanda 30:41

1y ago30:41

30:41

Hear the latest developments from the chief lawyer at the U.S. Department of Labor, as David meets with The Honorable Seema Nanda, Solicitor of Labor. The Solicitor discusses the priorities for the 500+ attorneys at DOL and provides updates on key DOL rulemakings, interagency cooperation efforts, and compliance assistance tools and tips for practit…

1
Supreme Court Rejects Affirmative Action, Raises Standard for Religious Accommodations 22:53

1+ y ago22:53

22:53

The Supreme Court concluded its term by ending racial affirmative action in college admissions and by making it easier for workers to receive religious accommodations. Following a review of the Court’s rulings, the FortneyScott team (David, Leslie, Nita, and Burt) discuss the impact of the decisions on Employer’s federal contractor obligations, DE&…

1
EEOC Vice Chair Discusses New Pregnancy Protections 24:32

1+ y ago24:32

24:32

Join David and guest EEOC Vice Chair Jocelyn Samuels as they discuss the new Pregnant Workers Fairness Act (PWFA). The PWFA requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hard…

1
Federal, State, and Local Governments Move to Regulate AI 21:43

1+ y ago21:43

21:43

The use of Artificial Intelligence (AI) in employment decision-making is getting the attention of federal, state, and local governments. This week, Nita Beecher and FS colleague Leslie Silverman welcomes guest Dr. Frida Polli, former EEOC Vice Chair, neuroscientist, and Chief Data Scientist of Harver to discuss the latest on government regulation o…

1
The NLRB Re-Makes the Law for ALL Employers 23:40

1+ y ago23:40

23:40

Join Nita, Burt, and FS colleague Liz Bradley as they explain the impact on ALL employers – with or without unions – of recent actions of the NLRB. From altering the definition of joint employee to changing what any employer can put in an employee handbook, to when a verbally abusive employee can be disciplined, the Board’s decisions will influence…

1
The Biden Administration Takes on AI 30:00

1+ y ago30:00

30:00

Join David, Savanna, and special guest Vicki Lipnic, former Acting Chair of the EEOC, as they discuss important recent AI developments at the federal level, legislative, and regulatory action on AI in states and localities, and efforts to make AI technology vendors liable for workplace discrimination. The discussion reviews the Biden Administration…

1
Aggressive NLRB Ruling on Severance Agreements Impacts All Employers 22:28

1+ y ago22:28

22:28

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

1
DEI Under Assault: Will It Survive? 22:43

1+ y ago22:43

22:43

George Floyd’s death and activist shareholders pushed corporations to enhance their DEI programs, but now those programs are being challenged by conservative shareholders. Join David, Nita, and FS attorney John Clifford to discuss the new challenges to DEI and ESG, new oversight of employer compliance programs by shareholders and the SEC, as well a…

1
AI Updates: EEOC Public Hearing & More 21:02

2y ago21:02

21:02

Learn the key takeaways from the EEOC hearing on Navigating Employment Discrimination in AI and Automated Systems and additional workplace AI developments. Joining Nita Beecher are former Vice Chair of EEOC, Leslie Silverman, to discuss the hearing, and Savanna Shuntich, who explains what employers are facing under the new NYC AI law, as well as th…

1
The EEOC and FTC Announce New Enforcement Initiatives 20:40

2y ago20:40

20:40

The Agencies take the lead while Congress stalemates. Joining David Fortney are Leslie Silverman, former Vice Chair of the EEOC, who shares key employer takeaways from EEOC’s new Strategic Enforcement Plan, and John Clifford who unpacks the Federal Trade Commission’s unprecedented proposal to ban noncompete agreements. Employers learn what to expec…

1
Hail and Farewell to the 117th Congress 23:50

2y ago23:50

23:50

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

1
What the Mid-Term Election Means for Employers 23:27

2y ago23:27

23:27

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

1
The Supreme Court Takes on Affirmative Action 21:15

2y ago21:15

21:15

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

1
DOL’s Proposed Independent Contractor Rule 18:31

2y ago18:31

18:31

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

1
Updates on the EEOC and AI 23:09

2y ago23:09

23:09

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

1
Special Labor Day Chat with Roger King 30:21

2y ago30:21

30:21

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

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

2y ago21:39

21:39

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

1
NAS Report on EEOC Data Collection Released 27:33

2+ y ago27:33

27:33

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

1
Supremely Supreme 22:47

2+ y ago22:47

22:47

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

1
Pay Equity Continues Evolving 19:23

2+ y ago19:23

19:23

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

1
The Federal Workplace Agencies: What’s Going On? 26:04

2+ y ago26:04

26:04

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

1
House Oversight Hearing on EEOC and OFCCP 21:27

2+ y ago21:27

21:27

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 expec…

1
OFCCP Pivots on Contractor Compliance 22:03

2+ y ago22:03

22:03

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 directiv…

1
Pay Equity Front and Center on 2022 Equal Pay Day 24:56

2+ y ago24:56

24:56

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 achieve…

1
Biden Administration’s Pro-Worker Agenda Extends Across Agencies 21:58

2+ y ago21:58

21:58

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, Feder…

1
Wage & Hour In Flux 17:45

2+ y ago17:45

17:45

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 o…

1
What’s the Future for Affirmative Action in Employment? 21:31

3y ago21:31

21:31

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 …

1
Agencies Take the Featured Role 23:41

3y ago23:41

23:41

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 contra…

1
Federal Agencies' Priorities in 2022 26:36

3y ago26:36

26:36

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 dramat…

1
The New Federal Regulatory Agenda and Policies 29:15

3y ago29:15

29:15

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 an…

1
Report from the Front – Courts Block Biden’s Vaccine Mandates 22:09

3y ago22:09

22:09

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 …

1
Biden’s Vaccine Mandates Face Court Challenges 26:16

3y ago26:16

26:16

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 employ…

1
New OSHA Regulation on Vaccine Mandates and Testing 29:17

3y ago29:17

29:17

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 vaccinat…

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