Join Nita, Burt, and FS colleague Liz Bradley as they explain the impact on ALL employers – with or without unions – of recent actions of the NLRB.  From altering the definition of joint employee to changing what any employer can put in an employee handbook, to when a verbally abusive employee can be disciplined, the Board’s decisions will influence how businesses are run.  

 The panel will also discuss how the Board’s rulings try to establish Board law as the pre-eminent law of the workplace, despite re-initiating disputes with Congress, the EEOC, and its own ethical precedents.

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Join David, Savanna, and special guest Vicki Lipnic, former Acting Chair of the EEOC,  as they discuss important recent AI developments at the federal level, legislative, and regulatory action on AI in states and localities, and efforts to make AI technology vendors liable for workplace discrimination.  

The discussion reviews the Biden Administration’s latest AI efforts through the Dept. of Commerce issuing a broad Request for Comment seeking information that will be used for rulemaking impacting employers.  

The podcast also unpacks how states and localities continue to create new legal requirements for using AI technology, including NYC’s requirements for Automated Employment Decision Tools (“AEDT”) going into effect July 5th, and some of the newest legal challenges under Title VII to AI tools. 

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The National Labor Relations Board continues its aggressive efforts to re-make labor law, issuing in a new decision that substantially limits severance agreements for nearly all US employers (both union and non-union). 

Join David, Nita, and Burt as they unpack the NLRB’s recent decision, McLaren Macomb, that limits broadly written nondisparagement and confidentiality clauses in severance agreements as well as General Counsel Abruzzo’s memo that expansively interprets the decision, including making it retroactive.

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George Floyd’s death and activist shareholders pushed corporations to enhance their DEI programs, but now those programs are being challenged by conservative shareholders.  Join David, Nita, and FS attorney John Clifford to discuss the new challenges to DEI and ESG, new oversight of employer compliance programs by shareholders and the SEC, as well as the possible impact of the Supreme Court’s decision on use of race in college admissions. 

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Learn the key takeaways from the EEOC hearing on Navigating Employment Discrimination in AI and Automated Systems and additional workplace AI developments.  

Joining Nita Beecher are former Vice Chair of EEOC, Leslie Silverman, to discuss the hearing, and Savanna Shuntich, who explains what employers are facing under the new NYC AI law, as well as the recommendations of The Institute for Workplace Equality’s AI Technical Advisory Committee.

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The Agencies take the lead while Congress stalemates. Joining David Fortney are Leslie Silverman, former Vice Chair of the EEOC, who shares key employer takeaways from EEOC’s new  Strategic Enforcement Plan, and John Clifford who unpacks the Federal Trade Commission’s unprecedented proposal to ban noncompete agreements. Employers learn what to expect from these significant new enforcement initiatives by the EEOC and FTC.

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Bipartisan achievement marked the last weeks of the 117th Congress.  With divided government looming, the Congress ended with a series of significant legislative accomplishments and confirming a lot of new judges. Join Nita, David, and Burt as they analyze the impact on employers of the same-sex marriage bill, the long-delayed protections for women at work, and a huge new budget; with funding for workplace enforcement agencies.

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Divided government returns, with Ds retaining the Senate, and Rs narrowly winning the House. Join David, Nita, and Burt as they analyze the impact of the historic midterm elections on key nominations, forthcoming regulations to pursue the Biden pro-labor agenda and stepped-up oversight by an energized House Labor Committee.

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The Supreme Court heard arguments for 5 ½ hours!  Join David, Nita, and Burt as they distill and condense the various positions taken on Constitutional rights, statutory requirements, the benefits of diversity, the burdens of racial preferences, and the impact on universities, employers, and society of the predicted reversal of precedents.

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 The DOL’s long-awaited Independent Contractor regulations were finally issued and are the subject of the latest episode. Join Burt, and two Fortney Scott experts in Wage and Hour law, John Clifford and Savanna Shuntich, as they unravel and explain the impact of this lengthy, complex, and important regulation on employers and employees... including its chances of becoming final.

Contact Fortney & Scott:

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Thank you for listening!
https://www.fortneyscott.com/