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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.”

Burton J. Fishman Print

Practice Areas:
Employment Law, Labor Law, and Employment Discrimination

Admitted to Practice:
District of Columbia

Maryland

United States Supreme Court

Various U.S. Courts of Appeals and U.S. District Courts

Education:
Yale University (J.D., 1979)

Princeton University (Ph.D., 1969, with distinction)

Cambridge University, Cambridge, England (M.A., 1966, with honors)

Occidental College (B.A., 1964, magna cum laude

Professional Activities:
Fellow, College of Labor and Employment Lawyers

American Bar Association - Labor and Employment Law Section,

Federal Legislative Developments Committee, Management Co-Chair, Equal Employment Opportunity Committee

The District of Columbia Bar

Society for Human Resource Management (SHRM)

Mr. 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, the Americans with Disabilities Act (ADA), affirmative action, and leave and benefits law.  In recent years, Mr. Fishman has taken a leading role nationally in advising the business community on the impact of the ADA, the FMLA, genetic discrimination, and the evolving law of affirmative action.  He has represented clients throughout the nation in proceedings before the Equal Employment Opportunity Commission, the U.S Department of Labor, the National Labor Relations Board, and in arbitrations and courts at all levels.  He was recognized in 2007 as a Washington SuperLawyer in the labor and employment field by Washington Law & Politics magazine and is a long-served Member of the College of Labor and Employment Lawyers.

Mr. Fishman served as the Deputy Solicitor for National Operations for the U.S. Department of Labor during the George H. W. Bush administration.  During that time, he was a departmental spokesman and Congressional witness on such issues as safety and health, disability law, wage and hour matters, the ‘glass ceiling' initiative, and the North American Free Trade Agreement negotiations with Mexico.  His familiarity with the regulatory and legislative process has led to his being retained by entities as diverse as the Society of Human Resource Management, the National Association of Manufacturers, and the American Bar Association, to represent them regarding emerging issues and proposed legislation before Congress and the executive agencies.

Mr. Fishman has served as co-chair (management) of the Federal Legislative Developments Committee of the American Bar Association's Labor and Employment Law Section and also serves as a member of its Equal Employment Opportunity Committee.  A widely-recognized author of over 100 books and articles on workplace issues, Mr. Fishman wrote a featured column on the ADA for HR Advisor (WestGroup) and for Thompson Publishing Group.  His publications include:  The ADA: Ten Years After; HR Guide to Employee Management; The HR Question and Answer Book; Workplace Privacy; Thompson's HR Policies; and Guide to Accommodations of Disability and Religion. Mr. Fishman is an experienced speaker on employment issues, including several presentations at SHRM national meetings, at the American Bar Association Annual Convention, and at similar gatherings throughout the country.

Mr. Fishman is an active supporter of the arts in Washington, serving as the General Counsel of the Washington Performing Arts Society and as a founding member of the Lawyers Committee of the Shakespeare Theatre Company of Washington.

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