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.


Practice Areas:

Employment Law, Labor Law, and Litigation

Admitted to Practice:

Commonwealth of Pennsylvania

District of Columbia

Supreme Court of the United States

Various U.S. Courts of Appeals and U.S. District Court

Education:

Duquesne University School of Law, (J.D., 1980)

The Pennsylvania State University, (B.A., 1977)

Professional Activities:

Fellow, College of Labor and Employment Lawyers

 American Bar Association - Equal Employment Opportunity Committee, Chair Government Liaison

National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements

Secretary of Labor’s Committee on the Future of the Workplace for the President’s Council on the 21st Century Workforce

Federalist Society Former Chair, Labor and Employment Committee

Society for Human Resource Management (SHRM)

David S. Fortney is associated with the following items:
Web Segment  Web Segment Practice and Strategies in OFCCP Discrimination Investigations - OFCCP & Government Contractors 2017: Effective Approaches to Compliance and Audits, Thursday, February 02, 2017
Preparing For and Responding to DOL Wage & Hour Investigations - Wage & Hour Litigation and Compliance 2017, Thursday, March 02, 2017
MP3 Audio  MP3 Audio Practice and Strategies in OFCCP Discrimination Investigations - Practice and Strategies in OFCCP Discrimination Investigations, Thursday, February 02, 2017
Preparing For and Responding to DOL Wage & Hour Investigations - Preparing For and Responding to DOL Wage & Hour Investigations, Thursday, March 02, 2017
The 100 Day Mark – Where are EEOC and OFCCP Heading?, Tuesday, May 23, 2017
Trump Administration’s Wage and Hour Priorities – The Fate of the Overtime Regulations, Administrator Interpretations and Opinion Letters, and Enforcement Priorities, Tuesday, August 01, 2017
Transcripts  Transcripts Practice and Strategies in OFCCP Discrimination Investigations - Practice and Strategies in OFCCP Discrimination Investigations, Thursday, February 02, 2017
The 100 Day Mark – Where are EEOC and OFCCP Heading? - The 100 Day Mark – Where are EEOC and OFCCP Heading?, Tuesday, May 23, 2017
Trump Administration’s Wage and Hour Priorities – The Fate of the Overtime Regulations, Administrator Interpretations and Opinion Letters, and Enforcement Priorities - Trump Administration’s Wage and Hour Priorities – The Fate of the Overtime Regulations, Administrator Interpretations and Opinion Letters, and Enforcement Priorities, Friday, August 04, 2017
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Practice and Strategies in OFCCP Discrimination Investigations - Practice and Strategies in OFCCP Discrimination Investigations, Thursday, February 02, 2017
Preparing For and Responding to DOL Wage & Hour Investigations - Preparing For and Responding to DOL Wage & Hour Investigations, Thursday, March 02, 2017
On-Demand Web Programs  On-Demand Web Programs OFCCP & Government Contractors 2017: Effective Approaches to Compliance and Audits, Friday, February 03, 2017, New York, NY
Wage & Hour Litigation and Compliance 2017, Saturday, March 04, 2017, New York, NY
Course Handbooks  Course Handbooks Wage & Hour Litigation and Compliance 2017
CHB Chapters  CHB Chapters U.S. Department of Labor, Wage and Hour Division, Field Assistance Bulletin No. 2016-1, Memorandum From Dr. David Weil, Wage and Hour Administrator, For Regional Administrators and District Directors, Re: Exclusion of Sleep Time from Hours Worked by Domestic Service Employees (April 25, 2016) - Wage & Hour Litigation and Compliance 2017, Thursday, March 02, 2017
U.S. Department of Labor, Wage and Hour Division, Fact Sheet: Final Rule to Update the Regulations Defining and Delimiting the Exemption for Executive, Administrative, and Professional Employees (May 2016) - Wage & Hour Litigation and Compliance 2017, Thursday, March 02, 2017
David Weil, Administrator, U.S. Department of Labor, Wage and Hour Division, Administrator’s Interpretation No. 2014-2, Joint Employment of Home Care Workers in Consumer-Directed, Medicaid-Funded Programs by Public Entities under the Fair Labor Standards Act (June 19, 2014) - Wage & Hour Litigation and Compliance 2017, Thursday, March 02, 2017
U.S. Department of Labor, Wage and Hour Division, Field Assistance Bulletin No. 2015-1, Memorandum from Dr. David Weil, Wage and Hour Administrator, for Regional Administrators and District Directors, Re: Credit Toward Wages under Section 3(m) of the FLSA for Lodging Provided to Employees (December 17, 2015) - Wage & Hour Litigation and Compliance 2017, Thursday, March 02, 2017
U.S. Department of Labor, Wage and Hour Division, Fact Sheet #79G: Application of the Fair Labor Standards Act to Shared Living Programs, including Adult Foster Care and Paid Roommate Situations (March 2014) - Wage & Hour Litigation and Compliance 2017, Thursday, March 02, 2017
U.S. Department of Labor, News Brief, U.S, Labor Department Sues Oklahoma Cleaning Company, Alleging Its Cleaning ‘Franchisees’ Are Employees (September 29, 2016) - Wage & Hour Litigation and Compliance 2017, Thursday, March 02, 2017
U.S. Department of Labor, Wage and Hour Division News Release, U.S. Labor Department Alleges New Jersey Cleaning Company Misclassified Employees as Franchisees, Denied Workers Minimum Wage and Overtime (September 30, 2015) - Wage & Hour Litigation and Compliance 2017, Thursday, March 02, 2017
Audio Only On-Demand Web  Audio Only On-Demand Web The 100 Day Mark – Where are EEOC and OFCCP Heading? - The 100 Day Mark – Where are EEOC and OFCCP Heading?, Tuesday, May 23, 2017
Trump Administration’s Wage and Hour Priorities – The Fate of the Overtime Regulations, Administrator Interpretations and Opinion Letters, and Enforcement Priorities - Trump Administration’s Wage and Hour Priorities – The Fate of the Overtime Regulations, Administrator Interpretations and Opinion Letters, and Enforcement Priorities, Friday, August 04, 2017
Live Seminar  Live Seminar Wage & Hour Litigation and Compliance 2018, Tuesday, February 13, 2018, New York, NY
Live Webcast  Live Webcast Wage & Hour Litigation and Compliance 2018, Tuesday, February 13, 2018, New York, NY
PLI Grpcast-Live Web  PLI Grpcast-Live Web Wage & Hour Litigation and Compliance 2018, Tuesday, February 13, 2018, Indianapolis, IN
Wage & Hour Litigation and Compliance 2018, Tuesday, February 13, 2018, New Brunswick , NJ
Wage & Hour Litigation and Compliance 2018, Tuesday, February 13, 2018, Atlanta, GA
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