FortneyScott’s July 13, 2020 Employer Briefing: “What did I miss?”

REGISTER HERE to join FortneyScott’s complimentary Employer Briefing on Monday, July 13th from noon to 1:00 pm ET.

In our first briefing for July 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:

  • How employers are responding to the growing number of COVID hot spots, and addressing the reluctant workers who do not want to return to work;
  • The renewed interest in Diversity and Inclusion initiatives in response to societal discrimination, as well as addressing renewed demands for the public disclosure of EEO-1 reports; and,
  • Legal and agency developments, including how the Supreme Court’s religious freedom decisions affect the workplace; the EEOC’s new mediation program, and the latest developments involving DOL’s Wage and Hour Division 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.
  • 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.

FS Attorneys to Present at the NILG Virtual Conference in July

The NILG 2020 National Conference Planning Committee and the NILG Board has announced a series of FREE webinars to the contractor community in July and August. Programming is underway and OFCCP Director Craig Leen will open the Virtual Conference.

How can Employers Move the Diversity Needle Without Running into Legal Trouble/Tuesday, July 14th 2:00 PM – 3:15 PM

FS Attorneys Nita Beecher and Consuela Pinto will present with Paul Francisco (State Street) and Marina Williams (Lockheed Martin):  Employers are under increasing pressure to diversify their workforce and maintain a culture of inclusivity. The pressure to move the needle is significant, particularly for Federal contractors. Striking a balance between innovative diversity and inclusion programs and applicable legal parameters is tricky. Participants will leave with: (1) an understanding of legal requirements; (2) practical recommendations for creating a culture of inclusivity; (3) innovative approaches for achieving and maintaining a diverse workforce at all levels.

An All-Female Pay Panel: ‘Women-splaining’ Pay Equity/Thursday, July 30th from 2:00 PM – 3:15 PM

FS Attorney Elizabeth Bradley will present with Joanna Colosimo and Lisa Harpe (DCI), and Michelle Duncan (Jackson Lewis):  An all-female, multi-disciplinary expert panel will converge to discuss their perspective on pay equity, the Pay Gap, and the Glass Ceiling. Learning objectives: (1) developing knowledge on the interconnection between pay equity and glass ceiling analytics to provide organizational recommendations; (2) avoiding pitfalls when implementing salary remediation strategies; (3) developing practical strategies for establishing a successful pay equity or glass ceiling project- with a focus on the end result and impact it will create.

Visit this website for updated information on the webinar series and how to register.

 

FortneyScott’s Employer Briefings – Updated Schedule

When the COVID pandemic hit with full force in March, FortneyScott commenced complimentary weekly briefings to aid employers in understanding and responding to the rapidly changing developments created by the pandemic.  The briefings we’ve provided for the last three months (12 weeks) were extremely popular and well attended.

Now, as we enter into a phase where the updates are not as rapid and employers have begun to adapt to the virus-induced changes, we will continue to provide briefings on workplace developments twice a month.  In our briefings, we will address COVID pandemic-related updates, particularly as they affect re-opening workplaces.  Additionally, we will cover other major issues affecting our society, including the #BlackLivesMatter developments as well as key judicial, legislative, and policy changes.  Of course, as developments warrant, we will provide alerts, or convene an additional special briefing.

We will implement the new schedule in July, and the next briefings will be held on July 13 and July 27 from 12:00 noon to 1:00 Eastern.  The July 13 Briefing will, in large part, review the recent decisions of the Supreme Court and their impact on your workplace. You can register here to attend the July 13 briefing.

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.
  • 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.

Employer Considerations for a Workforce Reduction Analysis

Attorney Juanita Beecher is featured in an article on Employer Considerations for a Workforce Reduction Analysis for www.Law360.com.  This article provides in-house employment lawyers and human resources professionals, most of whom are likely working from home, a catalog of the unique legal issues, risks and practical concerns they should consider as we all adjust to our post-pandemic shutdown world. Read the Law360 article here.

FortneyScott’s June 22, 2020 COVID-19 Weekly Briefing: COVID-19 Update and the Supreme Court’s Ruling

REGISTER HERE to  join FortneyScott’s complimentary Weekly Briefing on Monday, June 22nd from noon to 1:00 pm ET.  

During this Weekly Briefing, after reviewing the latest developments regarding the COVID-19 pandemic, the webinar will discuss the critically important decision of the Supreme Court extending Title VII protections to LGBTQ individuals.  The briefing will be provided by FortneyScott attorneys Leslie Silverman, former Vice-Chair of the EEOC, Burton Fishman and David Fortney who will address the key developments, including:

  • The key recent federal updates affecting the workplace;
  • A summary of the Supreme Court’s blockbuster decision in Bostock v Clayton County, Georgia expanding Title VII protections;
  • The impact of the Court’s ruling on employers – on employment policies and practices, training, potential liability; and
  • Key takeaways, including how employers should respond to Bostock

This briefing is the twelfth in the weekly series offered by FortneyScott to inform and assist employers in responding to the COVID-19 pandemic.

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

Previous FS Weekly Briefings

All prior FS Weekly Briefings are available HERE.

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

Title VII Protects LBGTQ, Supreme Court Rules

In an unexpected decision, the Supreme Court ruled today that gay and transgender individuals enjoy the full protections of Title VII of the Civil Rights of 1964. In a 6-3 decision, the High Court’s opinion, written by Justice Gorsuch, swept aside all objections raised by the lengthy and passionate dissents, one by one, declaring that the language of the statute made this outcome “clear.” In what may well become the most oft-quoted passage from this Court, Gorsuch wrote:

“Because discrimination on the basis of homosexuality or transgender status requires an employer to intentionally treat individual employees differently because of their sex, an employer who intentionally penalizes an employee for being homosexual or transgender also violates Title VII.”

This ruling will require over 20 states, which do not offer such protections, to bring their laws into compliance with the federal standard. Multi-jurisdictional employers will be especially pleased with this ruling, not only because it comports with their employment practices, but also because it now permits them to have a single employment standard throughout the US.

Although this decision addressed only the reach of Title VII, the language of many analogous federal laws is derived from Title VII and the interpretation and enforcement of those laws will likely have to be adjusted to comply with the new ruling.

The case can be found here.

Novus Law Firm & FortneyScott’s Back to School Webinar: Higher Education Post-COVID-19 Legal & Compliance Concerns

Please REGISTER HERE to join Novus Law Firm and FortneyScott on Thursday, June 25th at 9:00am PST/12:00pm EST for the second 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.

In this second session, Elizabeth Bradley, Esq., from FortneyScott, and Natasha Baker, Esq., from Novus Law Firm, will lead a discussion on which disability and privacy law issues to consider when faculty and staff return to campus. The panelists, with their extensive experience in higher education law, will provide thoughtful recommendations and legal perspectives.

During this second session, the panelists will discuss:

  • 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;
  • Best practices with respect to protecting the privacy of faculty and staff who request accommodations, contract COVID-19, or expose others; and,
  • Addressing where privacy laws and disclosure requirements intersect.

You may submit any 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 June 15, 2020 COVID-19 Weekly Briefing:Handling Workers’ Mental Health Issues after COVID-19

REGISTER HERE to join FortneyScott’s complimentary COVID-19 Weekly Briefing on Monday, June 15th from noon to 1:00 pm ET.

During this Weekly Briefing, FortneyScott’s attorney and WorkPlace HR consultant will be joined by Joanne Irving, an expert on mental health issues in the workplace. We will discuss the growing impact of COVID-19 on mental health in the workplace including:

  • Outlining the documented impact of COVID-19 pandemic and its effects on workers’ mental health as businesses began to reopen;
  • Explaining employers’ legal obligations to workers impacted by mental health issues including reasonable accommodation under ADA and Section 503;
  • Recommending best practices as to help employers ensure the mental health and well-being of their employees; and,
  • Discussing the importance of training and resources for management and workers that support their mental health and well-being.

This briefing is the eleventh in the weekly series offered by FortneyScott to inform and assist employers in responding to the COVID-19 pandemic.

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

Previous FS Weekly Briefings

All prior FS Weekly Briefings are available HERE.

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

FortneyScott is based in our nation’s capital, and we are staying on top of the rapid developments relating to the coronavirus. We are continuing to advise our clients and to assist the employer community in successfully addressing the COVID-19 pandemic challenges that employers are facing.

A Message from FortneyScott and WorkPlace HR

Racism has no place in our society.

We at FortneyScott and WorkPlace HR are deeply saddened by the senseless deaths of George Floyd, Breonna Taylor and Ahmaud Arbery, as well as the recent incidents of violence, racism, and intolerance taking place in communities throughout our nation.  The subsequent protests reflect the righteous pain, anger and frustration that African Americans and all of us feel about racism.  Compounding this injustice is the disproportionate illness and death rates in the African American and Latino communities and the rise in harassment of people of Asian descent due to the pandemic.

The attorneys and staff of FortneyScott and WorkPlace HR have dedicated their careers to advancing equal opportunity and affirmative action in the workplace and human rights across the globe.  We are committed to creating a fair, just and inclusive society.

The outpouring of support by people of all races and cultural identities in peaceful protest serves as both a challenge and reminder that achieving equality is not solely the responsibility of communities of color but of everyone.  Each of us must step up, speak out, and help address our Nation’s shortcomings.  At FortneyScott and WorkPlace HR, we are working with our clients to achieve the goal of equal opportunity.  We want to ensure that Dr. Martin Luther King Jr.’s dream — that all children will “one day live in a nation where they will not be judged by the color of their skin but by the content of their character” — becomes a reality.

David Fortney            Burton Fishman

Jacqueline Scott         Valerie Higgs

H. Juanita Beecher     John Hine

Deirdre Bell               Yolanda Hunter

Elisabeth Bradley      Adriana Joens

Alyson Cina              Consuela Pinto

John Clifford             Leslie Silverman

 

FortneyScott’s May 18, 2020 COVID-19 Weekly Briefing – Responding to Key Legal Challenges Employers Face

REGISTER HERE to join FortneyScott’s complimentary COVID-19 Weekly Briefing on Monday, May 18th  from noon to 1:00 pm ET.  

During this Weekly Briefing, FortneyScott’s attorneys will discuss the most recent developments and updates, and also address some of the key legal challenges that employers are facing, including:

  • Liability claims and possible legal safe harbors that are being debated;
  • Wage and hour compliance challenges, including whether temperature checks and additional pre- and post-work COVID-related activities are compensable, and exempt employee considerations;
  • Layoffs for employees that are not being called back, including WARN obligations and best practices to minimize disparate impact claims under Title VII; and,
  • Administering the new paid sick and family obligations.

This briefing is the eighth in the weekly series that FortneyScott offers to inform and assist employers in responding to the COVID-19 pandemic.

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

Previous FS Weekly Briefings

If you were unable to attend the earlier FS Weekly Briefings, you can access them below.

View FS May 11 Weekly Briefing Discussion with Special Guest Speaker from J&J on what steps have been taken for their workforce and maintaining its focus on diversity and inclusion during the pandemic.

View FS May 4 Weekly Briefing Review of the legal and practical issues that will arise when employers re-open their businesses.

View FS April 27 Weekly Briefing Overview of the operational changes and key developments from the federal agencies governing the workplace in response to the pandemic.

View FS April 20 Weekly Briefing – Providing an overview of the new Federal Guidelines, Federal Agency developments, and addressing FAQs.

View FS April 13 Weekly Briefing – Addressing legal and HR challenges in the current workplace.

View FS April 6 Weekly Briefing – Providing an update on key developments and the new and expanded unemployment benefit provisions under the PUA and FPUC.

View FS March 30 Weekly Briefing – Addressing the new federal paid sick and family leave enacted in the Family Friendly and CARES Acts.

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

FortneyScott is based in our nation’s capital, and we are staying on top of the rapid developments relating to the Coronavirus.  We are continuing to advise our clients and to assist the employer community in successfully addressing the COVID-19 pandemic challenges that employers are facing.