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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.”

Judith E. Kramer Print

Practice Areas:
Employment Law, Labor Law, and Appellate Litigation

Admitted to Practice:
District of Columbia

United States Supreme Court

Various U.S. Courts of Appeals

Education:
Northwestern University School of Law (J.D. 1972, cum laude) (Northwestern University Law Review, Order of the Coif)

University of Illinois (B.S. in Journalism, 1969, summa cum laude)(Bronze Tablet Scholar (upper 2% of class))

Publications:
"Circuit Court Tackle Waivers and Employee Bonuses under FMLA," 4 Federal Employment Law Insider No. 2, p. 1 (Oct. 2006)

"Federal Court Strikes Down Health Care Law Aimed at Wal-Mart," 4 Federal Employment Law Insider No. 1, p. 6 (Sept. 2006)

"Must You Compensate Employees for On-Call Time?" 3 Federal Employment Law Insider No. 12, p. 6 (August 2006)

"Return From Duty, Return to Work: Understanding the Employer's New USERRA Obligations," Special Report, Thompson Publishing (2006)

"VETS Assistant Secretary Explains New USERRA Regulations," 3 Federal Employment Law Insider No. 6, p. 1 (Feb. 2006)

"Employee Who Complains about FLSA Violation is Protected from Retaliation," 2 Federal Employment Law Insider No. 9, p. 5 (May 2005)

"Equal Access to Justice Act Amendments of 1996: A New Avenue for Recovering Fees from the Government," 51 Admin. L. Rev. 364 (1999)

"Recovering Fees from the Government" (with Robert A. Shapiro), 10 Litigation 25 (1983)

Ms. Kramer has a broad-based practice in labor and employment law. She has 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 oversaw a staff of approximately 500 attorneys and 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 served as Acting Solicitor of Labor on several occasions during both Republican and Democratic Administrations. She is the recipient of numerous awards and honors, including the Philip Arnow Award, the highest award conferred by the Department of Labor.

Before joining the Department of Labor, Ms. Kramer served as a trial and appellate attorney in the Civil Rights Division of the U.S. Department of Justice. She argued a number of cases before various courts of appeals in cases arising under the Fair Housing Act, Title VII of the Civil Rights Act of 1964, the Voting Rights Act and other federal civil rights statutes.

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