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.

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.

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.