OFCCP – Corporate Scheduling Announcement Lists

OFCCP posted its FY 2020 Corporate Scheduling Announcement Lists for Supply & Service contractors and Construction contractors earlier today.  Both lists are available on OFCCP’s FOIA Library HERE.

Notably, as promised by the Agency last year, institutes of higher education are heavily represented on the Supply & Service list.

All federal contractors should review these lists promptly.  Inclusion on either list means that all facilities listed will undergo a compliance review in the Agency’s next compliance cycle.  Please contact FortneyScott to ensure that your facilities are well prepared for their upcoming evaluations.

FortneyScott’s September 21st Employer Briefing: “Key Issues Employers Are Facing Now”

REGISTER HERE to join FortneyScott’s complimentary Employer Briefing on Monday, September 21st from noon to 1:00 pm ET.

In this briefing we will address (1) the latest developments affecting employers as businesses re-open during the COVID pandemic; (2) current challenges employers are facing as part of the heightened focus on inequality in America; and, (3) the key legal and federal agency developments.

FortneyScott’s attorneys will cover:

  • Problems confronting employers and workers as they slowly return to pre-COVID 19 activities while Congress fails to provide assistance;
  • Corporate responses to BLM protests and the Trump Administration’s counter to anti-racism and affirmative action; and,
  • Important legal and agency developments, including the most recent Executive Order for federal contractors, and the latest developments involving EEOC and DOL’s agencies, including the Wage and Hour Division, OSHA and OFCCP.

If you have any questions that you would like to have addressed during the Weekly Briefing, please submit via email to info@fortneyscott.com.

We look forward to continuing our briefings, and assisting our clients and all who are interested in understanding the latest developments affecting the workplace.

For more information:

  • On responding to the COVID workplace challenges, including all prior Weekly Briefings, visit FortneyScott’s resource center.
  • Also, every person on our team joined in a special message addressing the recent incidents of violence, racism, and intolerance taking place in communities across America, and expressed our support for changes to achieve equal opportunity for all members of our society.
  • Please email us at info@fortneyscott.com for legal advice and human resources support in understanding how these developments affect your company and workplace compliance programs.

Please forward this information to those in your organization who could benefit from these Weekly Briefings.

The Impact of the New Trade Agreement: Significant Changes for American & Canadian Companies Doing Business in Mexico

David Fortney will be speaking at this ELA webinar on September 9th at 2:00 PM Eastern.

The purpose of this new tri-lateral trade agreement is to help level the playing field in terms of total labor costs in all three countries. The agreement imposes certain liabilities on U.S. and Canadian employers doing business in Mexico and will dramatically affect workers in Mexico and the ability to unionize their workplace.  Also joining the conference will be Matthew Levin, Director of the U.S. Department of Labor’s Office of Trade and Labor Affairs, offering his perspective.

This session will provide an overview of this agreement and offer practical guidance for U.S. and Canadian companies employing workers in Mexico.

Topics to be discussed will include:
Overview of key changes
Strengthening Mexican labor unions and employee collective bargaining rights
Enforcement mechanisms
Risks and penalties for non-compliance
Practical advice on how to implement new rules & workplace standards

Register Now

Featured Speaker:
Matthew Levin
U.S. Office of Trade and Labor Affairs
U.S. Department of Labor – Bureau of International Labor Affairs

Participating ELA Speakers:
Susan T. Spradley (moderator)

David S. Fortney

Juan Carlos De La Vega

Gregory J. Heywood

FortneyScott’s September 21st Employer Briefing: “Key Issues Employers Are Facing Now”

REGISTER HERE to join FortneyScott’s complimentary Employer Briefing on Monday, September 21st from noon to 1:00 pm ET.

In this briefing we will address (1) the latest developments affecting employers as businesses re-open during the COVID pandemic; (2) current challenges employers are facing as part of the heightened focus on inequality in America; and, (3) the key legal and federal agency developments.

FortneyScott’s attorneys will cover:

  • Problems confronting employers and workers as they slowly return to pre-COVID 19 activities while Congress fails to provide assistance;
  • Corporate responses to BLM protests and the Trump Administration’s counter to anti-racism and affirmative action; and,
  • Important legal and agency developments, including the most recent Executive Order for federal contractors, and the latest developments involving EEOC and DOL’s agencies, including the Wage and Hour Division, OSHA and OFCCP.

If you have any questions that you would like to have addressed during the Weekly Briefing, please submit via email to info@fortneyscott.com.

We look forward to continuing our briefings, and assisting our clients and all who are interested in understanding the latest developments affecting the workplace.

For more information:

  • On responding to the COVID workplace challenges, including all prior Weekly Briefings, visit FortneyScott’s resource center.
  • Also, every person on our team joined in a special message addressing the recent incidents of violence, racism, and intolerance taking place in communities across America, and expressed our support for changes to achieve equal opportunity for all members of our society.
  • Please email us at info@fortneyscott.com for legal advice and human resources support in understanding how these developments affect your company and workplace compliance programs.

Please forward this information to those in your organization who could benefit from these Weekly Briefings.

FortneyScott’s August 24, 2020 Employer Briefing

REGISTER HERE to join FortneyScott’s complimentary Employer Briefing on Monday, August 24th from noon to 1:00 pm ET.

In this briefing we will address (1) the latest developments affecting employers operating during the COVID pandemic; (2) the newest challenges employers are facing as part of the broad-based focus on discrimination in America; and, (3) the key legal and federal agency developments.

FortneyScott’s attorneys will cover:

  • The latest on the standoff between Congress and the White House as they decide whether to extend COVID assistance; create liability safe harbors for employers or provide other relief for employers and employees;
  • The ever-changing landscape employers are facing – growing litigation claims, reluctant workers, uncertainty on school re-openings and the resulting conflicting demands on workers; and
  • Legal and agency developments, including updates on the Executive Order and Presidential Memoranda issued August 8, 2020 addressing the COVID-19 pandemic, and the latest developments involving EEOC and DOL’s agencies, including the Wage and Hour Division, OSHA and OFCCP.

If you have any questions that you would like to have addressed during the Weekly Briefing, please submit via email to info@fortneyscott.com.

We look forward to continuing our briefings, and assisting our clients and all who are interested in understanding the latest developments affecting the workplace.

For more information:

  • On responding to the COVID workplace challenges, including all prior Weekly Briefings, visit FortneyScott’s resource center.
  • Also, every person on our team joined in a special message addressing the recent incidents of violence, racism, and intolerance taking place in communities across America, and expressed our support for changes to achieve equal opportunity for all members of our society.
  • Please email us at info@fortneyscott.com for legal advice and human resources support in understanding how these developments affect your company and workplace compliance programs.

Please forward this information to those in your organization who could benefit from these Weekly Briefings.

David Fortney on OSHA: Inspections & Investigations Panel on August 26, 2020

On Wednesday, August 26, 2020 at 2:00 p.m. Eastern, experts will provide and discuss scenarios related to handling OSHA inspections and investigations amid business reopening (rebound effect) with a focus on issues specifically related to OSHA enforcement actions and methods during the pandemic.

Topics to be discussed will include:

  • Overview of the OSHA investigation/inspection process
  • Employer policies and other potential mitigation actions that could be taken before a positive test or investigation/inspection
  • How to address an outbreak or positive case in the workplace
  • Recordable/Reportable events related to a positive COVID-19 case in the workplace
  • The use of grids or bubbles to help contain outbreaks and contact trace in the workplace

Register Now

Participating ELA Speakers

Rosalee McNamara (Moderator)
Partner
Lathrop GPM LLP
Kansas

David S. Fortney
Co-Founder
FortneyScott, LLC
District of Columbia

Michael Glassman
Partner
Dinsmore & Shohl
Ohio

Joseph M. Kraska
Associate Attorney
Cross, Gunter, Witherspoon & Galchus, P.C.
Arkansas

Back to School Webinar: Higher Education Post-COVID-19 Legal & Compliance Concerns

Please REGISTER HERE to join FortneyScott and the Novus Law Firm on Wednesday, August 12 at 9:00am PST/12:00pm EST for the third in a series of webinars discussing the myriad of legal and compliance challenges that institutes of higher education face in reopening their campuses and resuming operations for the 2020 Fall term.

You asked, and we listened.

In this third session, Natasha Baker, Esq. and Elizabeth Bradley, Esq. will lead an interactive live Q & A session covering the myriad of return to campus consideration including schedule and compensation modifications; COVID-19 and ADA accommodations; privacy law issue; and the interplay of shared governance. These panelists, with their extensive experience in higher education law, will provide thoughtful recommendations and legal perspectives.

During this third session, the panelists will provide an update on the following topics then open up the session to live questions and discussion:

  • Responding to and administering disability and protected leave requests by faculty and staff including the criteria and processes that the institution should resolve in advance;
  • Administering discretionary workplace modifications;
  • Best practices with respect to protecting the privacy of faculty and staff who request accommodations, contract COVID-19, or expose others;
  • Addressing where privacy laws and disclosure requirements intersect, including Clery notifications.

We encourage you to submit questions that you would like to have addressed during the webinar via email to info@fortneyscott.com.

Please forward this information to those in your organization who could benefit.

Back to School Webinar: Higher Education Post-COVID-19 Legal & Compliance Concerns

Please REGISTER HERE to join FortneyScott and the Novus Law Firm on Wednesday, August 12 at 9:00am PST/12:00pm EST for the third in a series of webinars discussing the myriad of legal and compliance challenges that institutes of higher education face in reopening their campuses and resuming operations for the 2020 Fall term.

You asked, and we listened.

In this third session, Natasha Baker, Esq. and Elizabeth Bradley, Esq. will lead an interactive live Q & A session covering the myriad of return to campus consideration including schedule and compensation modifications; COVID-19 and ADA accommodations; privacy law issue; and the interplay of shared governance. These panelists, with their extensive experience in higher education law, will provide thoughtful recommendations and legal perspectives.

During this third session, the panelists will provide an update on the following topics then open up the session to live questions and discussion:

  • Responding to and administering disability and protected leave requests by faculty and staff including the criteria and processes that the institution should resolve in advance;
  • Administering discretionary workplace modifications;
  • Best practices with respect to protecting the privacy of faculty and staff who request accommodations, contract COVID-19, or expose others;
  • Addressing where privacy laws and disclosure requirements intersect, including Clery notifications.

We encourage you to submit questions that you would like to have addressed during the webinar via email to info@fortneyscott.com.

Please forward this information to those in your organization who could benefit.

FortneyScott’s July 27, 2020 Employer Briefing: “Key Issues Employers are Facing”

REGISTER HERE to join FortneyScott’s complimentary Employer Briefing on Monday, July 27th from noon to 1:00 pm ET.

In this briefing we will address (1) the latest developments affecting employers operating during the COVID pandemic; (2) the newest challenges employers are facing as part of the broad-based focus on discrimination in America; and, (3) the key legal and federal agency developments.

FortneyScott’s attorneys will cover:

  • The latest from Congress and the White House as they decide whether to extend or expand COVID assistance; create liability safe harbors for employers or provide other relief;
  • The renewed interest in Pay Equity and Diversity and Inclusion initiatives in response to societal discrimination as well as how to address demands for the public disclosure of EEO-1 reports; and
  • Legal and agency developments, including updates on the nominees for key positions at the EEOC and NLRB as well as the latest developments involving EEOC and DOL’s agencies, including the Wage and Hour Division, OSHA and OFCCP.

If you have any questions that you would like to have addressed during the Weekly Briefing, please submit via email to info@fortneyscott.com.

We look forward to continuing our briefings, and assisting our clients and all who are interested in understanding the latest developments affecting the workplace.

For more information:

  • On responding to the COVID workplace challenges, including all prior Weekly Briefings, visit FortneyScott’s resource center.
  • Also, every person on our team joined in a special message addressing the recent incidents of violence, racism, and intolerance taking place in communities across America, and expressed our support for changes to achieve equal opportunity for all members of our society.
  • Please email us at info@fortneyscott.com for legal advice and human resources support in understanding how these developments affect your company and workplace compliance programs.

Please forward this information to those in your organization who could benefit from these Weekly Briefings.

Supreme Court Broadens “Ministerial Exception”

In a widely anticipated ruling, the Supreme Court held that religious institutions have expansive authority in employing teachers who had a role in providing any form of religious instruction or observance.

In Our Lady of Guadalupe School v. Morrisey-Berru, the Court made clear that that federal employment discrimination laws do not apply to teachers at church-run schools whose duties include religious instruction. Justice Alito, basing his reasoning on the First Amendment’s protection of religious freedom, wrote:

When a school with a religious mission entrusts a teacher with the responsibility of educating and forming students in the faith, judicial intervention into disputes between the school and the teacher threatens the school’s independence in a way that the First Amendment does not allow.

The Court, in a 7-2 decision, emphasized that the title or training of the teacher were not determinative, rather, it is the actual duties of the individual teacher that defined who could enjoy the “ministerial exception.” By making that point, the Court broadly expanded the number of teachers who no longer have the protections of Title VII and other employment discrimination laws. Many commentators believe this ruling will encourage those challenging the Court’s recent ruling expanding Title VII protections to LGBTQ workers to bring lawsuits based on religious freedom grounds.