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    By Burton J. Fishman

    The original FMLA included an understanding that not all minors will be cared for by a biological parent and that some caregivers will not have formal rights of custody or similar certifications.  It did so by mandating leave for persons “in loco parentis,” that is, adults who provide day-to-day care and financial support for minors.

    By: Judith E. Kramer

    On July 8, 2010, a new federal regulation went into effect that may have far-reaching implications for companies that have contracts with the federal government.  As of that date, contracting agencies must include in solicitations and contracts of at least $25,000 a clause requiring certain contractors and first-tier subcontractors to report at http://www.ccr.gov the names and total compensation of each of the five most highly compensated executives for the contractor’s or subcontractor’s preceding fiscal year. 

    Fortney & Scott, LLC is pleased to announce that David S. Fortney, Esq. has been recognized in the 2010 edition of the Chambers USA ratings of Washington, DC’s top labor and employment attorneys.  Mr. Fortney was ranked by Chambers USA in Band 1, which is the highest ranking that is awarded to only five labor and employment attorneys in Washington, DC, based on extensive interviews of fellow attorneys and clients.  The Chambers USA evaluation stated that Mr. Fortney “draws praise as a leading authority on wage and hour compliance, but he also counsels clients on equal opportunity requirements, nondiscrimination regulations and workplace health and safety.”  The quality of his legal analysis is outstanding and his approach is described as “unbelievably politically astute.”

Our Attorneys Print

FortneyScott's attorneys are nationally recognized alumni of large law firms and the federal government who have joined to provide individually tailored professional services to our clients.  We take pride in knowing our clients and their businesses, and in understanding how we can add value to clients in addressing their workplace challenges.

David S. Fortney has practiced law for over 25 years; he provides broad-based experience and expertise in labor and employment matters.  Mr. Fortney, who is a Fellow in the College of Labor and Employment Lawyers, has been recognized as one of the leading employment lawyers in Washington, DC by the CHAMBERS USA survey of America's Leading Lawyers for Business in 2009, 2008, 2007, 2006, and 2005, and has been awarded an "AV" rating (the highest level) by Martindale-Hubbell.  Additionally, based on three independent surveys of other attorneys, he was listed in the 2009 editions of Washington, DC Super Lawyers, The Best Lawyers in America and the Washington DC’s Best Lawyers. Mr. Fortney's practice focuses on a wide array of compliance initiatives and litigation matters involving wage and hour, compensation, Equal Employment Opportunity and labor matters.  Mr. Fortney advises clients in developing and implementing strategic plans involving federal agencies, Congress, and the press that enhance a client's reputation and take into account the interests of various stakeholders, including stockholders, the workforce, and customers.  Mr. Fortney served as the Acting Solicitor of Labor and held other senior policy positions in the U.S. Department of Labor.  His practice continues to involve the federal agencies regulating the workplace.  He recently served on the Presidential Task Force on the 21st Century Workplace and testified before Congress and a state legislative committee on the overtime regulations.  Mr. Fortney also serves as an expert on wage and hour matters.  Send E- Mail

Jacqueline R. Scott has been in practice for over 25 years.  Ms. Scott has significant experience and expertise in adjudicating both U.S. and international commercial and employment disputes.  She serves as the United States' Member and First Vice President of the United Nations Administrative Tribunal, the seven-member, independent appellate forum of last resort that adjudicates claims made by United Nations employees, worldwide. She practices regularly in the fields of international and U.S. employment and workplace law, including executive compensation, tax, wage and hour, and federal contractors' nondiscrimination and affirmative action matters. Ms. Scott is based in Washington, DC and also regularly adjudicates international disputes in both New York, NY and Geneva, Switzerland.  Send E- Mail

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.  Mr. Fishman is a Fellow in the College of Labor and Employment Lawyers, and was named as a Washington, DC SuperLawyer 2007 in the employment and labor practice by Washington Law & Politics magazine.  Mr. Fishman served as the Deputy Solicitor for National Operations for the U.S. Department of Labor during the George H. W. Bush administration.  Mr. Fishman is co-chair (management) of the Federal Legislative Developments Committee of the American Bar Association's Labor/Employment Law Section and serves as a member of its Equal Employment Opportunity Committee.  He also is a widely recognized author of over 50 books and articles on workplace issues.  Send E-mail

Judith E. Kramer has a broad-based practice in labor and employment law.  She has over 25 years of experience with the U.S. Department of Labor, where she served for 16 years as Deputy Solicitor for Planning and Coordination, the highest-ranking career employee in the Office of the Solicitor.  She provided legal advice to the Solicitor of Labor and other high-ranking Department of Labor officials on matters relating to wage and hour laws, civil rights and affirmative action, occupational safety and health, mine safety and health, black lung and longshore benefits, and administrative law.  Ms. Kramer provides clients with extensive expertise on compliance and enforcement matters involving the Department of Labor and other federal agencies.  Send E- Mail

Kathleen J. Raynsford provides broad-based expertise gained during her over 25 years of practicing employment law, including wage and hour, state and federal employment discrimination laws, workplace harassment, and the successful development and administration of affirmative action plans, work force reductions and Equal Employment Opportunity training programs.  Ms. Raynsford has successfully handled numerous Office of Federal Contract Compliance Programs audits regarding federal contractors' affirmative action and non-discrimination obligations and compensation matters.  Her prior experience includes serving for nearly 12 years as the Associate General Counsel, Labor-Personnel at the National Railroad Passenger Corporation ("Amtrak").  Send E- Mail

Steven R. Semler has been representing management in labor and employment law for over 35 years and has extensive experience in defending the Department of Labor’s Occupational Safety and Health Administration’s citations and in representing trade associations during the OSHA standards promulgation hearings process. He has effectively counseled employers through all the steps of the OSHA process and has successfully defended hundreds of OSHA citations, often to the point of citation withdrawal or favorable settlement for the employer. Mr. Semler has represented employers at OSHA standards promulgation proceedings, such as the original Electric Power Generation Standard, the proposed recent amendments to that standard, the Electric Safe Work Practice Standard, and, most recently, the pending Crane and Derrick Standard.  Send E-Mail

Leslie Stout-Tabackman has practiced in the field of workplace law for 18 years.  She has extensive experience and expertise in counseling and representing employers on compliance with federal and state employment laws and regulations, including Equal Employment Opportunity, wage and hour, Family and Medical Leave Act, and Service Contract Act matters.  She is also an expert in designing and implementing sound employment practices and policies, counseling executive employees on workplace performance and termination of employment issues.  Ms. Stout-Tabackman has substantial experience in conducting a wide range of workplace investigations, including highly sensitive claims of sexual harassment involving executive personnel.  Send E- Mail

Susan M. Webman has been practicing law for over 25 years.  Ms. Webman has significant experience and expertise in U.S. Department of Labor and the U.S. Department of Veterans Affairs labor and employment matters, including the laws governing veterans' rights, labor-management matters such as union-related LM-10 and LM-30 reporting obligations, the DOL regulatory processes and the International Labor Organization and other international labor matters.  She is also well-versed in the Department's regulatory process.  Ms. Webman served as the Counsel for International Affairs/Opinions, for the Division of Labor-Management Laws at the U.S. Department of Labor during the George H. W. Bush and William J. Clinton administrations.  She was the principal DOL drafter for the Uniformed Services Employment and Reemployment Rights Act ("USERRA"), coordinated and led the Executive Branch interagency task force and worked with the White House and Congress prior to its enactment.
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