Leslie E. Silverman

LESLIE E. SILVERMAN

SHAREHOLDER

WASHINGTON, D.C.

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

Tele: (202) 689-1200 | Fax: (202) 689-1209
lsilverman@fortneyscott.com

Leslie E. Silverman is a shareholder at Fortney & Scott, LLC where she counsels and advises clients on complying with workplace laws, and a wide range of workplace issues, including discrimination and harassment based on race, sex, religion, disability, age, employment screening, pay discrimination, and inclusive practices. Ms. Silverman frequently represents clients before the U.S. Equal Employment Opportunity Commission (EEOC) and other government agencies and specializes in conducting high-level and high stakes workplace investigations.

Ms. Silverman serves as an independent monitor, in consent decree resolutions and conciliation agreements between employers and the EEOC, and in private settlements, where she addresses allegations of widespread discrimination and harassment. In this role, she works with employers to ensure they have effective and compliant policies, robust complaint and investigation procedures, impactful workplace training programs, effective and compliant application processes, supervisor accountability measures and appraisal systems. She also collaborates with employers on the development of employee surveys, feedback tools and other key components of effective culture initiatives.

Ms. Silverman previously served as the Vice Chair of the EEOC until September 2008, and as a Member of the Commission starting in 2002. During her tenure on the Commission, she initiated and led an internal Systemic Task Force which resulted in the 2006 overhaul and reprioritization of EEOC’s Systemic Discrimination Program; spearheaded the examination of discrimination against caregivers and issuance of the 2007 Caregiver Guidance; shepherded the 2008 Compliance Manual on Religious Discrimination through the Commission and led an effort to expand and enhance the EEOC’s mediation program in partnership with the American Bar Association. Ms. Silverman also served as Labor Counsel to the Senate Health, Education, Labor and Pensions (“HELP”) Committee, where her responsibilities included oversight of EEOC, the Department of Labor and handling EEO, FLSA and FMLA legislation and oversight on behalf of the HELP Committee.

Ms. Silverman is a fellow at the College of Labor & Employment Lawyers and a member of the College’s DC Circuit Credentials Committee. She is also a member of the American Employment Law Council and the American Bar Associations’ EEO Committee.

Ms. Silverman is a frequent speaker on EEO law and the EEOC.

Practices

Professional Activities

College of Labor and Employment Lawyers, Fellow and Member of the DC Cir. Credentials Commitee
American Bar Association, Equal Employment Opportunity Committee
American Employment Law Council
Institute for Workplace Equality, Faculty Member
U.S. Chamber of Commerce Labor Relations Committee

Admitted to Practice

District of Columbia
U.S. Supreme Court
U.S. Court of Appeals
Fourth Circuit
U.S. Court of Appeals, Sixth Circuit

Education

Georgetown University Law
Center (LL.M. with distinction)
American University Washington
College of Law (J.D.)
University of Vermont (B.S.)

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.

Leslie E. Silverman