Jacqueline R. Scott

JACQUELINE R. SCOTT

CO-FOUNDER

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

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

Ms. Scott is a co-founder of FortneyScott, where her diverse practice focuses on business, international, and workplace matters.

She counsels U.S. and foreign-based clients on complying with U.S. workplace and tax laws and assists U.S. employers in expanding outside the U.S. She regularly advises clients, many of which are federal government contractors, on workplace investigations; government procurement and related employment issues; prevailing wages under the Service Contract and Davis Bacon Acts and related matters; worker classification issues; and compliance with the wage and hour requirements of the Fair Labor Standards Act and related state laws. Ms. Scott 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.

Ms. Scott is a frequent lecturer on issues of international labor and employment law, including expatriate and secondment agreements, overtime, minimum wage, data privacy, worker classification status, international tax, and human rights. She holds key leadership positions in international professional organizations, including, having served as President of the Union Internationale des Avocats (International Association of Lawyers or UIA) from 2023-2024 and now serving as the UIA’s Immediate Past President. UIA is an international association of lawyers committed to the protection of human rights, including worker’s rights and the defense of their universal nature, including, specifically, the defense of lawyers’ human rights in protecting the human rights of others. Ms. Scott formerly served as Director General of the UIA’s Institute for the Rule of Law (UIA-IROL) and has also served as a member of the ITC Pro-Bono Committee on International Model Contracts for Exporting SME’s.

Ms. Scott has significant experience and expertise in adjudicating both U.S. and international commercial and employment disputes. She served for many years as the United States’ Member and First Vice President of the United Nations Administrative Tribunal, the seven-member, independent appellate forum of last resort that adjudicated claims made by United Nations employees worldwide. Drawing on years of experience in the securities industry as an attorney for an international financial institution, Ms. Scott has served in the United States as an arbitrator for the securities industry with the National Association of Securities Dealers.

Ms. Scott’s workplace investigations practice includes conducting workplace investigations for employers in the private, not-for-profit, and public sectors. She has investigated sensitive matters involving fraud and mismanagement; harassment and discrimination; and matters arising under the Foreign Corrupt Practices Act.

Ms. Scott’s wage and hour practice includes advising and representing clients, including not-for-profit organizations, on matters involving federal and state prevailing wage issues; and the FLSA, including minimum wage and overtime obligations and exemptions, classification of positions as exempt or non-exempt, overtime requirements for non-exempt employees and compensation strategies and policies for exempt employees. She also advises clients on matters involving the classification of workers as employees or independent contractors.

Formerly, Ms. Scott was in-house counsel to Merrill Lynch, an international brokerage firm, advising and litigating on matters involving securities and commodities compliance, various broker-dealer issues, and related employment matters. She also has extensive experience in the practice of corporate and international tax law, including project and tax-exempt bond finance, as well as ERISA, with Mudge, Rose, Guthrie, Alexander & Ferdon, in New York, NY and Chadbourne & Parke, in Washington, D.C. Ms. Scott has trial and appellate litigation experience in state and federal courts. She formerly served as the General Counsel to the Junior League of Philadelphia.

Firm Practices

Professional Activities

Immediate Past President, Union Internationale des Avocats (International Association of Lawyers or UIA) - 2024-2025
President, Union Internationale des Avocats (International Association of Lawyers or UIA) - 2023-2024
Director-General, Union Internationale des Avocats (UIA)’s Institute for the Rule of Law (UIA-IROL) – 2016-2022
Member, American Employment Law Conference (AELC)
Member, First Vice-President, United Nations Administrative Tribunal, 2003-2009
Former Arbitrator (Public), National Association of Securities Dealers

Admitted to Practice

District of Columbia
Connecticut
New York
Pennsylvania
Virginia
U.S. District Court for the District of Columbia
Supreme Court of the United States

Education

Georgetown University Law Center
(LL.M in International Law/Arbitration/Tax)
New York University School of Law (LL.M. in Taxation)
Vanderbilt University School of Law (J.D.)
Vanderbilt University (B.A., cum laude)

Languages

French
Spanish

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.

FAR Council Moves Rapidly to Implement Executive Order 14398, Imposing Imminent Compliance Obligations on Federal Contractors

April 21, 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. The Federal Acquisition Regulatory Council (FAR Council), which sets government-wide procurement policy and regulation for all federal agencies, has moved quickly to implement Executive Order (EO) 14398 , Addressing DEI Discrimination by Federal Contractors. Specifically, the FAR Council: Issued government-wide implementation guidance and class deviation language for all federal agencies to incorporate a mandatory contract clause, as prescribed in EO 14398, as soon as April 24, 2026, in new solicitations, and by July 24, 2026, for bilateral modifications of existing contracts. The class deviation authorizes agency-wide implementation of new requirements in federal contracts before the Federal Acquisition Regulations (FAR) are amended formally. Requested emergency approval, under the Paperwork Reduction Act (PRA), to allow immediate enforcement of EO 14398’s information collection and reporting requirements. Join FortneyScott for a complimentary briefing on Monday, April 27, at noon ET . Please register here . Contact your FortneyScott attorney for additional information on how to prepare for this new contract clause.

DEI Compliance Updates for Employers

April 13, 2026

Employers need to continue to be vigilant in their compliance efforts for DEI and related programs. Here are two quick updates: To assist employers, our most recent DC Insider-Employer Update podcast – EO 14398 and the Procurement Power Play: Compliance, Contracts, and Consequences – provides a great overview of the newest Executive Order and federal contractor compliance. Additionally, late Friday, April 10 th , DOJ announced the first False Claims Act settlement based on DEI claims against IBM for $17 million. Please contact your FortneyScott attorney for more information, and visit our website ( www.fortneyscott.com ) for our recent special webinar .

Part III: Trump Administration Increases DEI Pressure

April 13, 2026

The Trump Administration continues to push for the elimination of “illegal DEI.” Join FortneyScott attorneys on Thursday, April 9, 2026 at noon EDT to learn the latest developments by multiple federal agencies targeting DEI programs and policies. The webinar will address the key federal agencies’ expansive efforts, including: EEOC , focusing on the agency’s latest challenges to DEI, including expansive investigations of corporate DEI programs, subpoena enforcement litigation and limiting the rights of trans workers; DOJ , including the False Claims Act investigations, and challenges to the constitutionality of EO 14173 in 4th and 7th Circuits; FTC & FCC , highlighting the Mansfield Program, and warning law firms about antitrust compliance, and how DEI can impact regulatory approvals; and, Certification of Compliance , including GSA’s proposed Certification for grantees, and the implications for federal contractors. We also will provide key takeaways for DEI compliance, and steps to mitigate the risks of federal government enforcement actions based on illegal DEI matters. This webinar is the final in a three-part series designed for compliance professions, in-house counsel, HR and inclusion leaders, and other business leaders responsible for labor and employment law compliance.

Federal Contractors' New DEI Obligations

March 31, 2026

In this special webinar we will address: Details of the new EO; The specific prohibition on “racially discriminatory DEI activities” in five key areas; The new requirements that add materiality to the contract payments and the expansion of the basis for False Claims Act exposure; New subcontractor management and reporting duties; Penalties and enforcement, including contract cancellation, debarment from future contracts and FCA actions by DOJ; and, The detailed implementation deadline for actions, including the new contract clauses, FAR Council guidance and agencies compliance report to the White House.

Jacqueline R. Scott