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Wage & Hour Litigation and Compliance 2017


Speaker(s): Alfred B. Robinson, Jr., David S. Fortney, Derek Rollins, Ellen C. Kearns, George A. Hanson, Jason C. Marsili, Jennifer S. Brand , Lisa "Lee" A. Schreter, Lisa Swanson, Matthew W. Lampe, Michele R. Fisher, Molly Biklen, N. Katie Manley, Noah A. Finkel, Peter Rukin, Rachhana T. Srey, Shannon Liss-Riordan, Susan N. Eisenberg
Recorded on: Mar. 1, 2017
PLI Program #: 185697

Derek Rollins is of counsel in the Austin office of Ogletree Deakins. His practice covers employment litigation, including discrimination, retaliation, and wage and hour issues, as well as labor disputes. Derek is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization.

Derek represents employers in state and federal courts, as well as proceedings before the Texas Workforce Commission and the Equal Employment Opportunity Commission. Derek counsels clients on best practices for compliance with legislative and regulatory issues, including wage and hour requirements, equal opportunity obligations, and civil rights concerns. He also advises federal contractors on Office of Federal Contract Compliance Program (OFCCP) compliance issues, from developing affirmative action plans to representing companies during the audit process. He regularly provides trainings and seminars to clients on updated Department of Labor regulations and Executive Orders.

While in law school, Derek worked on the Texas International Law Journal and served as a 1L Mentor. At Tulane, he was a Dean's Honor Scholar and the president of Delta Tau Delta fraternity.

Admitted to Practice

Texas

New Mexico

U.S. District Court, Eastern, Northern, Southern and Western Districts of Texas

U.S. District Court, District of New Mexico

Education

J.D., The University of Texas School of Law, 2006

B.A., Tulane University, 2002

Practice and Industry Groups

Employment Law

Litigation

Experience

  • Lead lawyer in the defense of a national advertising firm against claims of Title VII discrimination and retaliation, resulting in a favorable settlement
  • Lead lawyer in the defense of an international shipping company against claims of sexual harassment and retaliation, resulting in a favorable settlement
  • Second chair for an international oil and gas company in several wage and hour collective action litigations that were resolved favorably
  • Second chair for a government contractor in defense against False Claims Act whistleblower and traditional employment allegations
  • Regularly advises client son preparing enforceable covenants not to compete and non-disclosure agreements
  • Regularly provides counseling to local and national clients on a variety of employment-related issues, including compliance with Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and other traditional state and federal employment statutes


Molly Biklen is the Counsel for Wage and Hour at the U.S. Department of Labor, Office of the Regional Solicitor, Region II, where she supervises litigation to enforce the wage and hour laws, including the Fair Labor Standards Act, Davis Bacon and Related Acts, and Migrant and Seasonal Agricultural Worker Protection Act, among others. Molly has worked at the Department of Labor since 2009 and previously was a senior trial attorney. Prior to coming to the Department, she was a staff attorney at the Urban Justice Center.  Molly also served as a law clerk to the Honorable Sonia Sotomayor, then on the Second Circuit Court of Appeals, and the Honorable Lewis A. Kaplan of the District Court for the Southern District of New York.  She is a graduate of Columbia Law School.


Jason C. Marsili is a partner at Rosen Marsili Rapp LLP in Los Angeles.  His practice focuses on class and collective wage and hour litigation on behalf of both unrepresented and unionized employees involving violations of the FLSA and state law.  Additionally, Mr. Marsili handles individual matters concerning medical leaves, employment discrimination, sexual harassment, and wrongful termination, as well as labor-management relations and executive compensation.  He holds a Master’s Degree in Dispute Resolution from the Straus Institute for Dispute Resolution and teaches negotiation and mediation advocacy courses at USC School of Law.  Mr. Marsili is an active member of both the American Bar Association (ABA) Section of Labor & Employment Law and the Los Angeles County Bar Association (LACBA) Labor & Employment Law Section.  He currently serves as a Co-Chair of the ABA Federal Labor Standards Legislation Committee.  He also serves as an officer on the Executive Committee for the LACBA Labor & Employment Law Section and is a member of the Board of Governors for the Italian American Lawyers Association.


Jennifer S. Brand has been the Associate Solicitor of Labor for the Fair Labor Standards Division of the United States Department of Labor since March 2011.  In this position, she oversees the National Office Division of the Solicitor’s Office which handles all matters involving the Fair Labor Standards Act, the Davis Bacon Act, the Family Medical Leave Act, other federal wage related statutes and several whistleblower statutes.  The Fair Labor Standards Division also acts as Counsel to the Wage and Hour Division of the Department of Labor.

From May 2008 until March 2011, Ms. Brand was the Executive Director of the New York State Joint Enforcement Task Force on Employee Misclassification.  Prior to joining the Task Force, Ms. Brand held the position of Chief of the Labor Bureau at the New York State Attorney General’s Office.  She had been employed in the Attorney General’s Labor Bureau for nearly twenty years and had previously held the positions of Deputy Bureau Chief, General Labor Section Chief and Assistant Attorney General.

Ms. Brand is a graduate of Barnard College, and Columbia University School of Law and she also holds a Masters in Public Affairs from the Woodrow Wilson School at Princeton University.


Lisa Swanson is an Assistant General Counsel in the Employment Law Group at Ernst & Young LLP in New York.  Ms. Swanson is an experienced employment attorney who has represented and advised employers in a range of industries with respect to discrimination, harassment, whistleblower, wrongful discharge, affirmative action, and wage-and-hour matters.  She began her legal career at Orrick, Herrington & Sutcliffe in New York and was later Of Counsel at Morgan Lewis & Bockius. 

Ms. Swanson also has significant human resources experience, serving as the head of Employees Relations for Lehman Brothers and the global banking and markets division of Bank of America.  As an HR professional, she provided strategic counsel to business leaders on reducing risk in the employment relationship, provided training programs and developed employment policies and practices to further business goals.

Ms. Swanson graduated from the University of Nebraska, has an MA from Columbia University and earned her JD from New York University School of Law.


Matt Lampe represents employers throughout the country in class action and other complex litigation, including cases under the FLSA, ERISA, Title VII, ADA, ADEA, and numerous state discrimination, wrongful discharge, and other tort laws. He has extensive experience leading the defense of clients facing employment class actions across multiple jurisdictions. Matt also defends companies in EEOC, DOL, and other agency investigations alleging systemic discrimination or pay practice violations. In addition, he counsels clients across a broad spectrum of employment law and litigation avoidance topics.

Matt is co-chair of the Firm's Labor & Employment Practice. He speaks frequently throughout the country on employment-related topics, including class action defense and wage and hour compliance and audit strategies. He is a contributing author to Labor & Employment N.Y. (LENY), the official blog of the New York State Bar Association's Labor and Employment Section, and a contributor to The Fair Labor Standards Act, Second Edition, American Bar Association Section of Labor and Employment Law.

Matt was named one of the "Nation's Most Powerful Employment Attorneys" by HR Executive magazine and Lawdragon. In 2012, Matt was recognized as a "Client Service All-Star" by BTI Consulting Group, which commended him for "extraordinary dedication to client service during a time of increased pressure and client demands." He is a Fellow in The College of Labor and Employment Lawyers, a life member of the U.S. Court of Appeals Sixth Circuit Judicial Conference, and a member of the New York City Bar Association and the Labor and Employment Law Sections of the American Bar Association and the New York State Bar Association.


Michele Fisher is a managing partner at Nichols Kaster, PLLP, and the Chair of the Firm’s Business Development and Marketing Groups, which originate class and collective actions and market the firm.  She has dedicated her career to litigating wage and hour cases in an aggressive, creative, and strategic manner. She is one of the leaders of a practice group that has been described as a "powerhouse" for mass wage and hour litigation and arbitration.  Michele has the experience, resources, and staff to take on any company regardless of size.  She has handled several jury trials and arbitrations in her fight for employee rights and prides herself on the firm's reputation as a leader in national wage and hour class and collective action litigation. Michele has litigated hundreds of class and collective actions involving positions such as home health aides, loan officers, retail salespersons, oil and gas workers, assistant managers, field service engineers, call center representatives, exotic dancers, inside sales representatives, restaurant workers, insurance adjusters, property specialists, property managers, installers, service technicians, and road construction laborers.  Michele is active in several organizations. She is the Co-Chair and a faculty member of the Practicing Law Institute’s Wage & Hour Litigation and Compliance conference, the Co-Chair of the ABA Labor and Employment Law Section’s Federal Labor Standards Legislation Committee, the Co-Chair of the ABA Labor and Employment Law Section's Revenue and Partnership Development Committee, and a wage and hour track coordinator for the ABA Labor and Employment Law Section’s annual conference.  She has also served as the Co-Editor-in-Chief of the ABA Labor and Employment Law Section’s Federal Labor Standards Legislation Committee FLSA Midwinter Report, an editorial board member for BNA’s the Fair Labor Standards Act Treatise, and a chapter editor for BNA’s Wage and Hour Laws: A State-by-State Survey. She has been named to the Best Lawyers, Super Lawyers, Top Women Attorneys, and Rising Star lists repeatedly, is a member of the Top 100 National Trial Lawyers, and Top 10 Wage and Hour Lawyers, and has been named a Lawyer of Distinction.  Michele volunteers as an attorney for a foster child through the Children's Law Center.


N. Katie Manley is an Assistant General Counsel and Vice President at Cantor Fitzgerald.  At Cantor Fitzgerald, Katie advises on a variety of labor and employment and related matters, including hiring, discipline, termination, onboarding, compensation, non-solicitation, non-competition, negotiating and drafting employee and independent contractor agreements, wage and hour compliance, accommodations, and workers’ compensation.  Prior to joining Cantor Fitzgerald, Katie served as the Labor and Employment Counsel for Burberry Limited’s Americas region.

Previously, Katie was an employment defense litigator in the Employment Law Department of Paul Hastings LLP.  Her practice involved representing employers in all aspects of labor and employment law before federal and state courts and administrative agencies.  Katie also advised and counseled employers on preventative and risk adverse management practices, including compliance with various federal, state, and local laws.

Katie received her J.D. from Duke University School of Law and her B.A. from The University of Kansas.

Katie is admitted to practice in New York and Georgia.


Noah Finkel is a partner in the Labor & Employment Department and is a Co-Chair of the Wage & Hour Litigation Practice Group in Seyfarth Shaw LLP’s Chicago office.  His principal area of concentration lies in wage-and-hour matters, in which he has represented companies more than 100 actual or putative collective and/or class action matters under the Fair Labor Standards Act and/or state wage-and-hour laws.  He also regularly advises companies on compliance with the Fair Labor Standards Act and state wage-and-hour laws, including the performance of exempt status reviews and pay practice audits.

Mr. Finkel is one of three editors-in-chief of the treatise Wage & Hour Collective and Class Litigation, a more than 1000-page book devoted to the litigation of wage & hour matters.  The treatise literally is “the book” on wage & hour litigation.  Mr. Finkel participated in drafting of public comments to the United States Department of Labor on its proposed regulatory changes to the FLSA’s white-collar exemptions on behalf of the Society for Human Resources Management and the Public Sector FLSA Coalition.

Prior to joining Seyfarth Shaw, Mr. Finkel was law clerk to the United States District Judge Nancy G. Edmunds for the Eastern District of Michigan.


Peter Rukin is a founding partner of Rukin Hyland LLP, a San Francisco-based employment law firm representing employees throughout California and across the United States.  Peter is a recognized leader in his field, with more than 25 years of experience fighting for clients in court and at the bargaining table.  Peter prosecutes high stakes wage and hour claims on behalf of classes of employees and represents individual clients in discrimination and whistleblower cases.  He also counsels professionals and executives in employment matters, including the negotiation of employment agreements and severance agreements.

Peter graduated from New York University School of Law in 1991 and served as law clerk to U.S. District Court Judge Harry D. Leinenweber in Chicago. Following his clerkship, he practiced at employee-side firms in Chicago (Stowell & Friedman) and New York (Vladeck Waldman Elias & Engelhard) and served as Of Counsel in the Employment Law Department at Paul, Hastings, Janofsky & Walker in San Francisco, before starting his own firm in March 2003.

Peter is currently Chair of the Bar Association of San Francisco Labor & Employment Section Executive Committee, and is a former member of the State Bar of California Labor & Employment Section Executive Committee. He is a chapter author of the CEB Treatise California Wage and Hour Law and Litigation, and has written numerous articles on employment issues in national and state bar publications. He is a Fellow in the College of Labor and Employment Lawyers, and a long-time member of the San Francisco Board of the New Israel Fund.

Peter is admitted to the State Bars of California, Illinois and New York, the bars of various district courts, the Ninth Circuit Court of Appeals, and the United States Supreme Court.


Rachhana T. Srey is a partner at Nichols Kaster whose practice is primarily dedicated to national wage and hour complex class and collective action litigation. Since joining the firm as an attorney in 2004, Rachhana has been a zealous advocate for thousands of employees in recovering their unpaid wages under federal and various state wage and hour laws. She has had the opportunity to represent a wide variety of employees including nurses, home health aides, field service technicians and engineers, satellite and cable technicians, and hourly call center and processing plant workers.  In February 2015, after winning affirmative summary judgment on the company’s liability, Rachhana tried a collective action damages trial in the W.D. Texas, and secured a significant award for her clients who were improperly classified as exempt. This was Rachhana’s third wage and hour trial in four years.  One of the favorable verdicts from one of her wage and hour trials is up at the United States Supreme Court on the defendant’s cert petition.  In addition to her W&H class action practice, Rachhana is also currently litigating a 3600+ age discrimination class case venued in the EEOC.  

Rachhana’s exceptional litigation, trial advocacy and case management skills, hard work ethic, and dedication to her clients have earned her the respect of her clients and of her colleagues in the legal community.  Rachhana is very active in several organizations, including the National Employment Lawyers Association and the ABA Labor and Employment Law Group, taking leadership roles to help plan continuing education programs, and is often invited to speak nationally and locally on a wide range of topics including wage and hour litigation, class and collective action litigation strategies, discovery issues, recent developments in the law, and age and gender discrimination. 

Admissions

United States Supreme Court

Minnesota Supreme Court

Fifth Circuit Court of Appeals

Sixth Circuit Court of Appeals

U.S. District Court – District of Colorado

U.S. District Court – Eastern District of Michigan

U.S. District Court – Minnesota

U.S. District Court – Western District of New York

U.S. District Court – Western District of Tennessee

U.S. District Court – Eastern District of Wisconsin

U.S. District Court – Western District of Wisconsin


Susan N. Eisenberg has more than 25 years representing employers in all aspects of employment matters and is widely recognized as one of the leading employment law attorneys in Florida. Susan has extensive jury and non-jury trial experience involving sex, race, religion, age and disability harassment and discrimination issues. She also litigates non-compete and confidentiality issues as well as accessibility issues under the Americans with Disabilities Act. She regularly handles single plaintiff as well as class-action litigation. Susan is also widely known for her experience with wage and hour issues and is one of the authors of the premiere treatise titled The Fair Labor Standards Act.

Susan also advises clients on employment law compliance, discipline, terminations, reductions in force and wage and hour audits. She has extensive experience in conducting workplace investigations including those involving high level executives. She prepares workplace policies and procedure manuals, employment contracts, non-compete and confidentiality agreements and separation agreements. Susan also conducts informative and entertaining in-house training on employment Susan is Florida Bar Board Certified in Labor and Employment Law and has been a Fellow of the College of Labor and Employment Lawyers since 2007. Susan was recognized as one of the top 20 women lawyers in South Florida in 2014. She is a frequent lecturer, author and bar association leader. She regularly writes and speaks on employment issues for the American Bar Association, Practicing Law Institute, and American Conference Institute. Susan is the former chair of the American Bar Association’s Federal Labor Standards Legislation Committee, president of the Academy of Florida Management Attorneys, and founding member and president of the Wage and Hour Defense Institute.

In addition to her litigation and counseling practice, for the past 10 years Susan has been an Arbitrator with the American Arbitration Association and a Certified Mediator.

Susan earned her Bachelor of Science from the University of Michigan and her law degree from the University of Miami where she was a member of law review and president of the Moot Court Board. Before practicing law, Susan worked as a pharmacist and still holds her pharmacy license in Florida.

Practice Areas

• Labor & Employment

Education

• University of Miami School of Law, J.D.
• University of Michigan, B.S.

Bar Admissions

• Florida

Awards & Honors

• Board Certified in Labor & Employment Law, The Florida Bar Board of Legal Specialization and Education
• Fellow, The College of Labor and Employment Lawyers,
• Founding Member, Wage and Hour Defense Institute (WHDI)
• The Best Lawyers in America 2016, Listed as “Lawyer of the Year” for Employment Law - Management in Miami
• The Best Lawyers in America, 2006-2016
• South Florida Legal Guide Top Lawyers 2012-2015
• Chambers USA2004-2015,
• Chambers USA 2012, Women in Law Awards, Short List for Employment Lawyer of the Year
• Super Lawyers Magazine2012-2015
• Super Lawyers Magazine “Top 50 Women Lawyers” Florida, 2008, 2010-2011, 2013-2015
• Super Lawyers Magazine 2013, Listed in Florida as one of the “Top 100 Lawyers”
• Super Lawyers Magazine 2013, Listed in Florida as one of the “Top 100 Miami Lawyers”
• Daily Business Review 2014, Recognized as a Top 20 Women in Law Honoree in South Florida
• Florida Trend’s Legal Elite 2005,2007, 2010,2012-2013
• The International Who’s Who of Business Lawyers, 2012
• Certified Mediator, Florida Supreme Court
• American Arbitration Association, Arbitrator
• Martindale-Hubbell, AV Rated


Mr. Robinson has practiced labor and employment law and advised business clients on employment compliance issues for most of his career.  His practice focuses on wage and hour matters and he is Co-Chair of the firm’s Wage and Hour Practice Group.  His wage and hour practice covers minimum wage, overtime, child labor and recordkeeping requirements of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Davis-Bacon Act (DBA), the Service Contract Act (SCA), the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), and a number of employment standards and worker protections provided in the immigration law.  Also, he counsels employers on a wide variety of compliance issues arising under wage and hour and prevailing wage laws and he represents employers in investigations by federal and state agencies.  Additionally, Mr. Robinson advises employers in defending against wage and hour claims in federal and state courts.  He counsels employers on human resources, employment discrimination and labor relations matters and represents employers before the Equal Employment Opportunity Commission, National Labor Relations Board, United States Labor Department, and other administrative agencies.

Before joining Ogletree, he served as the acting Administrator of the Wage and Hour Division (WHD) of the United States Department of Labor.  WHD administers and enforces a variety of the wage and hour labor standards statutes that are national in scope and that enhance the welfare and protect the rights of the nation’s workers such as the FLSA, DBA, SCA, etc.  Prior to becoming acting Administrator, he served as Deputy Administrator for Policy and as Senior Policy Advisor of the Wage and Hour Division ayof the US Department of Labor.  Before joining the U.S. Department of Labor, Mr. Robinson was a member of the South Carolina House of Representatives from 1992 until 2002.  He also has served on the board of directors for the South Carolina Jobs-Economic Development Authority, a state agency that is focused on job creation and economic development.

Mr. Robinson is a frequent writer, speaker and commentator on a wide range of wage and hour topics.  Additionally, he serves on the personnel committee at his church and is a board member for his homeowners association.

Admitted to Practice:

  • South Carolina
  • District of Columbia
  • U.S. District Court, District of South Carolina
  • U.S. Court of Appeals, Fourth Circuit

Professional Activities:

  • American Bar Association, ABA Labor & Employment Law Section, and ABA Public Contract Law Section
  • South Carolina Bar Association
  • District of Columbia Bar Association
  • Associated General Contractors Labor and Employment Law Council


Ellen Kearns is the office head and senior partner in the Boston office of Constangy Brooks Smith & Prophete, LLP, a law firm specializing in labor and employment law.

Ellen is the Editor-in-Chief of the first, second and third editions of the ABA/BNA Treatise, The Fair Labor Standards Act. She also chairs the ABA Editorial Board for the Journal of Labor & Employment Law. 

Ellen has been recognized by Chambers USA Guide, Best Lawyers in America, American Registry, and Super Lawyers (Top 100 in Massachusetts, Top 50 Women in Massachusetts, Top 50 Women in New England). She is a frequent speaker on wage and hour law.

Ellen also serves as Chair of the Corporate Board of the Sisters of St. Joseph’s Sponsored Ministries. She graduated from Boston College Law School and Regis College.


George Hanson was born and raised in Lawrence, Kansas. In 1988, George graduated with High Honors from Oberlin College with a B.A. in History. In 1992, George obtained his J.D., cum laude, from the University of Minnesota Law School. George is one of the region's leading commercial litigators and trial lawyers. George has been named "Best of the Bar" by the Kansas City Business Journal for eleven years and has also been elected a Missouri Super Lawyer every year since 2006. George has been named a "Local Litigation Star" by Benchmark Plaintiffs and was recently selected by his peers for inclusion in Best Lawyers® in America 2014 and 2015. Additionally, he was named the Best Lawyers’ 2014 Kansas City, MO – Class Actions - Plaintiffs “Lawyer of the Year.” George is rated AV - the highest designation a lawyer can achieve from publisher Martindale Hubbell.

George is an experienced commercial litigator and trial attorney. George has successfully tried many cases to judges and juries in both state and federal court, and has extensive experience representing clients in arbitration. In addition to complex commercial litigation and trial work, George's practice currently focuses on the representation of employees in large wage and hour class and collective actions, including workers in the financial services, meat processing, pharmaceutical and call center industries. In the past fifteen years, George has been lead or co-lead counsel in more than 100 wage and hour actions filed in state and federal courts across the country. George is also a frequent speaker regarding trial practice and wage and hour matters nationwide, and served on the Senior Editorial Board of the ABA’s Fair Labor Standards Act Treatise, 3rd Edition.


Lisa "Lee" A. Schreter is co-chair of the Wage and Hour Practice Group and former chair of Littler’s Board of Directors. Lee focuses on representing employers in complex class and collective actions involving discrimination, overtime and other wage-related claims and specializes in helping employers to develop forward-thinking compliance measures that reduce employment disputes.

Lee also specializes in representing management clients in negotiations with the U.S. Department Labor in national matters that involve such issues as the exempt status of employees and compliance with the Fair Labor Standards Act.

Lee represents and counsels clients in connection with many other labor and employment matters arising under federal and state laws such as The Equal Pay Act, The Service Contract Act, Title VII of the Civil Rights Act of 1964 and state law wage and hour requirements.

Prior to becoming an attorney, Lee worked in human resources where she gained extensive experience in wage and hour issues, employee relations, salary and benefit administration and general employment matters.


Shannon Liss-Riordan is a plaintiff-side employment attorney in Boston who specializes in wage and hour law.  She is recognized as a national expert on class action litigation involving failure to pay wages, gratuities, overtime, minimum wage, and misclassification of employees as independent contractors.  Over the last two decades, Ms. Liss-Riordan has achieved pioneering successes developing the law protecting tipped employees and employees misclassified as independent contractors, including cleaning workers, truck drivers, strippers, call center workers, and taxi drivers.  More recently, she has represented workers in the so-called new “sharing economy” and has represented Uber and Lyft drivers, as well as couriers, housecleaners, and others challenging their misclassification by self-proclaimed “technology companies”.  Each year since 2008, she has been selected for inclusion in Best Lawyers in America (Chambers); she has been named a "Super Lawyer" by Boston Magazine each year since 2005; and she was named one of ten "Lawyers of the Year" by Massachusetts Lawyers Weekly in 2002.  In 2009, Massachusetts Lawyers Weekly included Ms. Liss-Riordan on its "roster of the state's most influential attorneys", describing her as a “Tenacious class-action plaintiffs’ lawyer [who] strikes fear in big-firm employment attorneys throughout Boston with her multi-million-dollar victories on behalf of strippers, waiters, skycaps and other non-exempt employees.”  Ms. Liss-Riordan is an honors graduate of Harvard College and Harvard Law School.  Following a federal clerkship, she practiced with a labor and employment firm in Boston for more than 10 years and, in 2009, co-founded the firm Lichten & Liss-Riordan, P.C., which has recently opened a San Francisco office.


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.