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.

EEOC Proposes Rescission of EEO-1 Report

July 21, 2026
The EEOC voted 2 to 1 on Tuesday, July 21st to issue a Notice of Proposed Rulemaking (NPRM) to rescind the requirement for employers and other covered entities to file an annual report with the EEOC summarizing aggregate data on their employees’ race and sex (reports known respectively as the EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 reports or EEO Data Reports). This includes the rescission of recordkeeping requirements related to these reports.  The proposal states that the Commission has determined the EEO Reports are inconsistent with equal employment opportunity law, may raise constitutional concerns, and that the collection of data is not narrowly tailored or necessary to enforce anti-discrimination statutes. EEOC determined that the reports, which had been collected since, 1966, have limited value, which was outweighed by the significant burdens they impose on employers and on the Commission. Once the NPRM is published in the Federal Register, individuals will have only 30 days to submit comments on the 60-page proposal. The Institute for Workforce Equality is planning to submit comments. Please contact your FortneyScott attorney or email us at info@fortneyscott.com with any thoughts you have on the proposed rescission, or on employer record-keeping obligations generally.

Approval of EEOC Information Collection under UGESP

June 25, 2026
On Wednesday, June 24, 2026, the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) extended EEOC’s information collection under the Uniform Guidelines on Employee Selection Procedures (UGESP) through June 29, 2029. UGESP requires employers covered by Title VII to collect and maintain records on the race, sex and ethnicity of those impacted by their employment selection procedures but does not require employers to report the data. EEOC and other enforcing agencies can then demand to see such data in connection with any investigation of employment discrimination. Please contact your FortneyScott attorney or email us at info@fortneyscott.com for additional information.

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.
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