FacultyFaculty/Author Profile
David S. Fortney

David S. Fortney

Fortney & Scott, LLC

Washington, DC, USA


Mr. 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, executive employment and compensation, and developing strategies for avoiding or responding to workplace-related crises. Mr. Fortney has a broad-based practice representing and counseling employers in employment and labor matters, including wage and hour matters, government enforcement agencies’ audits and regulatory matters, judicial proceedings, Equal Employment Opportunity requirements, federal contractor's affirmative action and non-discrimination obligations, collective bargaining and union organizing, and workplace health and safety. Mr. Fortney is a Fellow in the College of Labor and Employment Lawyers; he co-chairs the American Bar Association’s Federal Legislative Development Committee; and, he is a frequent lecturer at professional conferences. Fortney & Scott, LLC has been both locally and nationally recognized as a leading management employment law firm in the prestigious Best Law Firms survey for 2011-2017 by U.S. News & World Report and Best Lawyers.

Mr. Fortney’s wage and hour practice includes counseling clients with respect to policies and procedures to ensure compliance with the minimum wage and overtime obligations under the Federal Fair Labor Standards Act (FLSA) and state wage and hour laws, including the proper classification of positions as exempt or non-exempt, overtime practices for non-exempt employees, compensation practices for exempt employees, and time and record keeping procedures; conducting preventive compliance audits; and advising and representing clients facing audits by the U.S. Department of Labor’s Wage and Hour Division. Additionally, Mr. Fortney established and co-chairs the Practicing Law Institute’s nationally acclaimed annual wage and hour seminar in New York, and has been doing so since 2010.

Before co-founding the firm, Mr. Fortney previously served as the chief legal officer of the U. S. Department of Labor in Washington, D.C. during President George H. W. Bush Administration. 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 Secretaries of Labor Elizabeth Dole and Lynn Martin and the Department of Labor agencies on a broad range of legal, policy, legislative, regulatory, and enforcement issues. The major Department of Labor agencies Mr. Fortney represented included the Wage and Hour Division, the Office of Federal Contract Compliance Programs (OFCCP), Occupational Safety and Health Administration (OSHA), and Mine Safety and Health Administration (MSHA), among others.

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 in all years from 2005 through present. He was selected for inclusion in the 2009 through present editions of The Best Lawyers in America, Washington D.C.’s, Washington D.C.’s Best Lawyers and Super Lawyers. Mr. Fortney also has an AV rating (the highest level) by Martindale-Hubbell.

Mr. Fortney is a frequent lecturer and writer on employment-related topics, including appearances on CNN, CBS and Fox News. Mr. Fortney is the co-editor of a monthly newsletter, the Federal Employment Law Insider, Chapter Eight of The Family and Medical Leave Act (2006) published by BNA Books, co-author of the Military Leave Compliance Kit (2001), published by M. Lee Smith Publishers, and lead author of the Guide to Employee Leave (1997), published by Warren, Gorham & Lamont. Mr. Fortney received his B.A. from The Pennsylvania State University and his J.D. from Duquesne University School of Law.
David S. Fortney is associated with the following items:
Course Handbooks  Course Handbooks Wage & Hour Litigation and Compliance 2018
Wage & Hour Litigation and Compliance 2019
CHB Chapters  CHB Chapters OFCCP 2018 Directive on Auditing Compensation Systems (November 19, 2018) - OFCCP & Government Contractors 2019: Effective Approaches to Compliance and Audits, Monday, February 11, 2019
U.S. Equal Employment Opportunity Commission, Directives Transmittal No. 915.003, EEOC Compliance Manual, Section 10: Compensation Discrimination (December 5, 2000) - OFCCP & Government Contractors 2019: Effective Approaches to Compliance and Audits, Monday, February 11, 2019
U.S. Department of Labor, Office of Federal Contract Compliance Programs, Frequently Asked Questions, Analysis of Contractor Compensation Practices During a Compliance Evaluation - OFCCP & Government Contractors 2019: Effective Approaches to Compliance and Audits, Monday, February 11, 2019
U.S. Department of Labor, Office of Federal Contract Compliance Programs, Directive (DIR) 2018-05 (August 24, 2018) - OFCCP & Government Contractors 2019: Effective Approaches to Compliance and Audits, Monday, February 11, 2019
Wage and Hour Update: What Has Really Changed Two Years into the Trump Presidency? (November 15, 2018) - Wage & Hour Litigation and Compliance 2019, Tuesday, February 12, 2019
Wage & Hour Developments in 2018: Case Law Update (November 2018) - Wage & Hour Litigation and Compliance 2019, Tuesday, February 12, 2019
Web Segment  Web Segment Wage & Hour Developments in the Past Year - Wage & Hour Litigation and Compliance 2019, Tuesday, February 12, 2019
OFCCP 2018 Directive on Auditing Compensation Systems - OFCCP & Government Contractors 2019: Effective Approaches to Compliance and Audits, Monday, February 18, 2019
MP3 Audio  MP3 Audio Wage & Hour Developments in the Past Year - Wage & Hour Developments in the Past Year, Tuesday, February 12, 2019
OFCCP 2018 Directive on Auditing Compensation Systems - OFCCP 2018 Directive on Auditing Compensation Systems, Monday, February 18, 2019
Transcripts  Transcripts Wage & Hour Developments in the Past Year - Wage & Hour Developments in the Past Year, Tuesday, February 12, 2019
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Wage & Hour Developments in the Past Year - Wage & Hour Developments in the Past Year, Tuesday, February 12, 2019
OFCCP 2018 Directive on Auditing Compensation Systems - OFCCP 2018 Directive on Auditing Compensation Systems, Monday, February 18, 2019
On-Demand Web Programs  On-Demand Web Programs OFCCP & Government Contractors 2019: Effective Approaches to Compliance and Audits, Monday, February 18, 2019, New York, NY
Wage & Hour Litigation and Compliance 2019, Tuesday, February 19, 2019, New York, NY
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