Navigating the Federal Sea Change: The Impact of the 2020 Election on Employers – December 15, 2020 12:00 p.m. Eastern

David Fortney and Nita Beecher will be panel members of the Employment Law Alliance’s (ELA) event, Navigating the Federal Sea Change: The Impact of the 2020 Election on Employers on Tuesday, December 15, 2020 at 12:00 p.m. Eastern.

With the elections now in the rearview mirror, the inauguration of President-elect Biden, and the convening of the new Congress in January, employers are determining how the pending changes in Washington, D.C. will impact their business. In this program, this ELA panel will provide an overview of the expected Congressional and federal agency actions during the final weeks of the Trump Administration and what employers can expect during the Biden-Harris Administration. Both the long-term reversals in prior policies and regulations as well as the near term changes during the Lame Duck period before the January 20th inauguration will be discussed.


Topics to be Discussed:

  • Final actions by the Department of Labor and EEOC during the Lame Duck period
  • Reversal of the Trump Administration’s Executive Orders, regulations and guidance
  • Impact of new administration on EEOC and its Republican CommissionersNew obligations that federal contractors may face including pay data collection
  • Planned changes to OSHA and likely Emergency Temporary Standard on COVID-19
  • Likely increases to the federal minimum wage
  • Expected changes to independent contractor classifications and join employer tests, including the impact on the Gig economy
  • Changes at NLRB, enacting PRO Act to make organizing easier and to expand power of labor organizations
  • Anticipated changes in employment-based immigration policy and regulations under the Biden Administration

Participating ELA Speakers

Steve Hirschfeld (Moderator)
Founding Partner
Hirschfeld Kraemer, LLP

David S. Fortney
Fortney & Scott, LLC
District of Columbia

Henry M. Perlowski
Arnall Golden Gregory LLP

Louis DiLorenzo
Bond, Schoeneck & King, PLLC
New York – Upstate

Bill Wahoff
Steptoe & Johnson PLLC
West Virginia (Ohio Office)

Melanie Gurley Keeney
Founding Shareholder
Tueth Keeney Cooper Mohan Jackstadt P.C.
Missouri (Eastern)

Juanita Beecher
Fortney & Scott, LLC
District of Columbia

DOL Issues Independent Contractor Rule

FortneyScott’s October 19th Employer Briefing

REGISTER HERE to join FortneyScott’s complimentary Employer Briefing on Monday, October 19th 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

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 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.


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

Please register here to join FortneyScott and the Novus Law Firm on Thursday, October 8 at 11:00am PST/2:00pm EST for the fourth 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.  This session will focus of the recently announced compliance evaluations by the DOL’s Office of Federal Contract Compliance Programs.

OFCCP Audits are Coming…Are you prepared?

On September 11, OFCCP issued its Corporate Scheduling Announcement List (CSAL) which is heavily populated by institutions of higher education. In this session, Natasha Baker, Esq. and Elizabeth Bradley, Esq. discuss the unique compliance challenges that colleges and universities face in daily OFCCP compliance as well as compliance evaluation preparation.

During this fourth session, the panelists will provide an update on the following topics before opening the session to live questions and discussion:

  • What are the different compliance reviews and what to expect?
  • What is the scope of an OFCCP compliance review; and,
  • Best practices for OFCCP compliance including promotion reviews and reasonable accommodation requirements.

We encourage you to submit questions that you would like to have addressed during the webinar via email to

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

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.