A Supreme Court Update
This session will focus on key employment cases before the Supreme Court this term.
Learning Objectives:
- Assist attendees in understanding how the Supreme Court’s ideological shift has led to a narrower interpretation of the authority of the administrative agencies to issue regulations and impose obligations on employers.
- Provide key takeaways from the COVID-19 related litigation decided by the Supreme Court this term.
- Review the challenges to affirmative action in higher education, and why these cases will likely result in a shift towards a more restrictive interpretation of affirmative action in the workplace.
- Review the pending case addressing arbitration exemptions under California law.
- Preview the pending ruling on whether employee retirement plans can avoid costly litigation over administrative fees simply by offering workers lower-cost investment options.
David S. Fortney
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 work-place related matters, including employment discrimination and labor matters, compliance programs, government contracting, international dispute resolution and counseling matters, and developing strategies for avoiding or responding to workplace-related crises.
David has a broad-based practice representing and counseling employers and executives in employment and labor matters, including equal employment opportunity requirements, wage and hour matters, federal contractor's affirmative action and non-discrimination obligations, collective bargaining, and workplace health and safety. He brings experience from the public and private sectors in advising clients on these issues, and he frequently represents clients before federal and state agencies, including the U.S. Department of Labor's agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board.
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 2012. He was selected for inclusion in the 2009 through 2012 editions of The Best Lawyers in America, Washington D.C.’s, Washington D.C.’s Best Lawyers, and Super Lawyers. Mr. Fortney was also awarded an AV rating (the highest level) by Martindale-Hubbell.
David 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 the Federal Employment Law Insider monthly newsletter, Chapter Editor 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.