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  • DOL Clarifies and Expands Leave Rights for “Non-Traditional Parents”

    • 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.

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  • Privately-Held Federal Contractors Must Report Executive Compensation

    • 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. 

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  • David Fortney Named One of America’s Leading Lawyers in Labor and Employment – Chambers USA 2010

    • 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.”

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President Obama’s Employment and Labor Nominations Still Pending

By Susan Webman, Esq.   

For the first time in nearly thirty years, the Equal Employment Opportunity Commission (EEOC) includes only two of its five members, which has left the EEOC lacking a quorum. 

The Senate failed to vote on President Obama’s nominations to the Commission before leaving for recess on December 24. The President’s EEOC nominations--Jacqueline Berrien, as EEOC chair, and Chai Feldblum and Victoria Lipnic as commissioners--had been approved by the Senate Health, Education, Labor, and Pensions ("HELP") Committee. Their nominations remain pending and will be considered in the second session of the 111th Congress.

While the legality of decisions by the EEOC operating with less than a quorum has not been questioned, the U.S. Supreme Court is reviewing whether decisions the National Labor Relations Board (NLRB) made without a quorum are valid. The NLRB has been operating with similar temporary authority since 2008. The HELP Committee approved two of President Obama's nominees to serve as NLRB members—Mark G. Pearce and Brian E. Hayes—on October 21. After being sent back to the White House, the third nominee, Craig Becker was re-nominated in January and approved by the Senate HELP Committee on February 4 in a party line 13-10 vote. It is unclear whether Democrats will be able to muster the 60 votes necessary to proceed to a full Senate vote on his confirmation, if a hold is placed on the nomination. An alternative approach under consideration is whether a recess appointment will be made.

Additionally, M. Patricia Smith was confirmed by the Senate as Solicitor at the U.S. Department of Labor by a 60-37 vote on February 4, 2010. 

For more information, please contact Susan Webman, Esq. at swebman@fortneyscott.com.

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