David S. Fortney

DAVID S. FORTNEY

CO-FOUNDER

1909 K Street, NW, Suite 330, Washington, DC 20006

Tele: (202) 689-1200 | Fax: (202) 689-1209

David Fortney is a co-founder of Fortney & Scott, LLC, a Washington, D.C.-based law firm counseling and advising clients on the full spectrum of workplace-related matters, including employment discrimination and labor matters, compliance programs, government contracting, and developing strategies for avoiding or responding to workplace-related crises.

Mr. Fortney has a broad-based practice representing and counseling employers and executives in employment and labor matters, including legal compliance with equal employment opportunity requirements and addressing pay equity initiatives and the evolving standards relating to inclusion and opportunity programs; wage and hour matters including Department of Labor audits and enforcement, and collective action litigation claims against employers; union organizing and collective bargaining; and, workplace health and safety. He brings experience from the private and public sectors in advising clients on these issues, and he frequently represents clients before federal agencies, including the U.S. Department of Labor’s agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board. Mr. Fortney also advises U.S. and global employers on pay transparency and pay equity laws including developing compliance strategies across the patchwork of requirements, modeling legally compliant compensation analyses, developing remediation strategies, and confirming accuracy of mandatory reporting.

Mr. Fortney has been widely recognized for his professional accomplishments, including being named one of the leading employment lawyers in Washington, D.C. by the CHAMBERS USA survey of America’s Leading Lawyers for Business. He also is recognized in The Best Lawyers in America, Washington D.C.’s, Washington D.C.’s Best Lawyers, and Super Lawyers. Mr. Fortney has received an AV rating (the highest level) by Martindale-Hubbell.

Before co-founding the firm, Mr. Fortney previously served as the chief and deputy legal officer of the U.S. Department of Labor in Washington, D.C. during the term of President George H.W. Bush. As Acting Solicitor of Labor, he was responsible for enforcing over 140 laws regulating the nation’s workplaces and managing an agency with 800 attorneys and support staff. He advised the Department of Labor agencies on a broad range of legal, policy, legislative, regulatory and enforcement issues.

Mr. Fortney’s expertise and experience has been requested in testimony before the U.S. Congress, and state legislative committees and before the Equal Employment Opportunity Commission and the National Academy of Sciences.

Mr. Fortney works closely in support of the employer compliance, training and outreach efforts by The Institute for Workplace Equality and the American Employment Law Council. He also hosts the DC Insider – Employer Update™ podcast, is a co-editor of the Federal Employment Law Insider monthly newsletter, and frequently presents at the leading bar association and professional meetings. He also has media experience, including appearances on CNN, CBS and Fox News.

Firm Practices

Professional Activities

American Bar Association, EEO Committee and former Labor and Employment Section Council Member (2 terms)
American Employment Law Council, Treasurer and Member of Board of Directors
College of Labor and Employment Lawyers, Fellow
Employment Law Alliance, Member
Federalist Society, Member and Former Chair, Labor and Employment Committee
HR Policy Association, Member of Legal Council
The Institute for Workplace Equality, Co-Founder and Co-Director
U.S. Chamber of Commerce, Member of Labor Relations Committee
Wage and Hour Defense Institute, Member
Former Member, National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements

Admitted to Practice

District of Columbia
Commonwealth of Pennsylvania
U.S District Court of District of Columbia
Supreme Court of the United States

Education

Duquesne University School of Law (J.D.)
The Pennsylvania State University (B.A.)

David Fortney's Speaking Engagements:

9/16/2026 – CHRO Association, “SESSION 6: The Future of Global Pay Equity and Transparency – Caring for Employees.” Read more and register here.
6/17/2026 – CHRO Association, “SESSION 4: Worker Categories, the 5% Gap, and Joint Assessments.” Read more and register here.
5/7/2026 – The Institute for Workplace Equality, “What Employers Need to Know: Debriefing Our Discussion with EEOC Chair Andrea Lucas.” Read more and register here.
5/7/2026 – The Institute for Workplace Equality, “Fireside Chat with EEOC Chair Andrea Lucas.” Read more and register here.
4/28/2026 – FortneyScott Webinar , “FAR Council Implements EO 14398: Federal Contractor Compliance Obligations Begin.” Watch here.
4/24/2026 – DC Insider – Employer Update, “DOL Update with Jonathan Berry, Solicitor of Labor.” Listen here.
4/24/2026 – Wage and Hour Defense Institute, “Washington and DOL Update with Administrator Andy Rogers.”
4/22/2026 – Pennsylvania Bar Institute – “The Trump Administration Changes – What Employment and Labor Lawyers Need to Know.”
4/16/2026 – Employment Law Alliance, “Inside Washington: Emerging Employment & Labor Law Trends in the US.”
4/9/2026 – The College of Labor and Employment Lawyers, “EEOC and DOL Priorities: A Conversation with Andrea R. Lucas and Jonathan Berry.”
4/9/2026 – FortneyScott Workplace Legal Compliance Webinar Series, “Part III: Trump Administration Increases DEI Pressure.” Watch here.
4/7/2026 – The Institute for Workplace Equality, “Understanding the New DEI Executive Order.”
3/18/2026 – American Bar Association, “From the Inside Out: An Analysis of Current Legal Trends by Former Government Practitioners.”
3/11/2026 – CHRO Association, “SESSION 1: Directive Overview and Impacts.” Read more here.
3/3/2026 – FortneyScott Workplace Legal Compliance Webinar Series, “Part II: What to Expect from DOL.” Watch here.
2/26/2026 – The Institute for Workplace Equality, “Take 5: Whistleblowers and Penalties: The Hidden Risks of the False Claims Act.”
2/24/2026 – DC Insider – Employer Update, “Trump Administration Continues to Push Against DEI.” Listen here.
2/19/2026 – American Bar Association, “A Perspective on Trends from the DOL and on a State Government Level.”
2/3/2026 – FortneyScott Workplace Legal Compliance Webinar Series, “Part I: What to Expect from EEOC.” Watch here.
1/26/2026 – Practicing Law Institute, “U.S. Department of Labor Wage and Hour Update – What to Expect from the Trump Administration.”
1/20/2026 – DC Insider – Employer Update, “State of Civil Rights Under Trump 2.0.” Listen here.

The New EU Pay Transparency Directive

June 11, 2026

The Directive is driving a significant shift in compensation reporting and transparency across the EU, and requires employers to disclose salary ranges to applicants, share internal pay-setting criteria, and conduct gender pay reporting. With the June 7, 2026, deadline for Member States to transpose the Directive into national law, employers need to understand their compliance obligations and prepare for unresolved implementation questions. In this webinar, FortneyScott attorneys will help U.S. companies with operations in the EU understand the Directive’s requirements, including how they differ from U.S. compliance frameworks. We will discuss best practice lessons that can be adopted from U.S. pay transparency and reporting laws and, importantly, provide key contrasts of the U.S. practices that are not applicable in the EU. Key topics include: The Directive’s scope and coverage Reporting obligations under the Directive Status of Member State transposition Practical compliance steps employers can take now Who should attend. This webinar is designed for in-house counsel, HR leaders, and senior professionals at multi-national organizations responsible for compensation, benefits, and employment law compliance.

Register for FortneyScott's Next Webinar on The New EU Pay Transparency Directive

May 21, 2026

Join FortneyScott attorneys on Thursday, June 11, 2026, from 12:00 p.m. to 1:00 p.m. EDT for a complimentary webinar on the European Union (“EU”) Pay Transparency Directive (the “Directive”). To register, please click here . The Directive is driving a significant shift in compensation reporting and transparency across the EU, and requires employers to disclose salary ranges to applicants, share internal pay-setting criteria, and conduct gender pay reporting. With the June 7, 2026, deadline for Member States to transpose the Directive into national law, employers need to understand their compliance obligations and prepare for unresolved implementation questions. In this webinar, FortneyScott attorneys will help U.S. companies with operations in the EU understand the Directive’s requirements, including how they differ from U.S. compliance frameworks. We will discuss best practice lessons that can be adopted from U.S. pay transparency and reporting laws and, importantly, provide key contrasts of the U.S. practices that are not applicable in the EU. Key topics include: · The Directive’s scope and coverage · Reporting obligations under the Directive · Status of Member State transposition · Practical compliance steps employers can take now Who should attend. This webinar is designed for in-house counsel, HR leaders, and senior professionals at multi-national organizations responsible for compensation, benefits, and employment law compliance. Register to attend. To register, please click here .

Department of Labor Eliminates Biden Increased FLSA Salary Thresholds

May 14, 2026

On Thursday, May 14, the U.S. Department of Labor’s Wage and Hour Division issued a technical amendment removing the salary threshold increases under 29 C.F.R. Part 541, adopted in April 2024. DOL stated that it was following the decisions made by federal courts in November, and that the amendment reinstated the 2019 salary levels applicable to the executive, administrative, and professional exemptions under the Fair Labor Standards Act. The current salary levels are $684 per week for exempt employees and $107,432 annually for highly compensated employees. This change codifies the enforcement posture DOL has maintained since the 2024 rule was invalidated. While this does not alter current compliance obligations, it resolves regulatory inconsistency by restoring the 2019 framework in the regulations and eliminating the 2024 provisions. Employers should confirm that exemption classifications continue to be evaluated against the reinstated 2019 thresholds and remain attentive to any future rulemaking in this area. Stay tuned. FortneyScott will continue to monitor whether there will be further substantive revisions to the white collar regulations. If so, it is likely be in the DOL’s regulatory agenda, which we understand will be published in the near future. Should you have any questions, please reach out to your FortneyScott attorney.

FAR Council Implements EO 14398: Federal Contractor Compliance Obligations Begin

April 28, 2026

Federal contractors are facing immediate changes to implement stepped-up efforts to restrict DEI discrimination, including new mandatory contract clauses, expanded audits, and significant potential legal exposure. These far-reaching changes will impact prime contractors and all tiers of subcontractors. Any employer that is a federal contractor should immediately prepare for these new compliance obligations.

DOL Proposed Joint Employer Rule

April 23, 2026

DOL Proposes New Joint Employer Standard In an effort to create a uniform, nationwide standard for determining joint employer status, the U.S. Department of Labor’s Wage and Hour Division will publish a Notice of Proposed Rulemaking (NPRM) in the Federal Register on April 23, 2026. The proposed Joint Employer Rule aims to restore a standard similar to the more business-friendly Trump 1.0 rule. Specifically, the proposed rule clarifies when multiple organizations would be considered joint employers under the Fair Labor Standards Act, the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act. Comments are due within 60 days of the published date, or June 22, 2026. The proposed rule seeks to end nearly a decade of vacillating rules, as both the Trump and Biden administrations had tried promulgating a final rule previously. Those prior attempts created a series of conflicting executive and judicial rulings. As stated by acting Labor Secretary Keith Sonderling, this NPRM is intended to establish a “clear standard on joint employment.” Four-Factor Test The proposed rule modifies the Trump 1.0 standard, which focused heavily on requiring actual control by one company over another to establish joint employment. A prior judicial challenge to that approach was successful, requiring some modification to any new standard introduced thereafter. The proposed rule, therefore, responds by offering a four-factor test that is still heavily weighed on aspects of control. The four factors are whether a company: has the power to hire or fire a worker; supervises or controls a worker’s schedule or conditions of employment to a substantial degree; determines the rate and method of payment; and maintains a worker’s employment records. No single factor is dispositive, and the analysis will focus on the totality of the circumstances. Single National Standard Still a Goal The DOL acknowledged that some circuit courts continue to consider more factors and said the four listed factors were “not exhaustive.” Additionally, other federal agencies and several states have their own joint employer standards, some of which are directed at specific industries. For instance, the NLRB finalized its joint employer rule in late February 2026, with a similarly aligned standard that has some variances from DOL’s proposed standard. A final rule is anticipated soon after the comment period closes. Once issued, the rule may be subject to judicial challenges from interested parties that previously opposed similar regulatory approaches. Contact your FortneyScott attorney for additional information on how to submit comments and/or prepare for its impact on your workforce.