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Trump Administration’s Wage and Hour Priorities – The Fate of the Overtime Regulations, Administrator Interpretations and Opinion Letters, and Enforcement Priorities


Speaker(s): David S. Fortney, Rebekah L. Bailey
Recorded on: Aug. 1, 2017
PLI Program #: 223115

Rebekah L. Bailey dedicates her practice to employee and consumer rights. As a member the National Wage and Hour Team, Rebekah focuses primarily on complex class and collective action litigation and vigorously advocates for large groups of employees throughout the country. In addition, Rebekah also represents employees with individual disputes, defending professional clients with licensing issues or contract negotiations, and alleging claims of discrimination, sex harassment, and denial of benefits. In both employment and consumer cases, through individual and class representation, Rebekah helps everyday people seek redress from big businesses.

Rebekah has been committed to employee rights since early on in her career. Rebekah received a concentration in labor and employment law at the University of Minnesota Law School, and she was honored with the ABA-BNA Award for Excellence in Labor and Employment Law. While in school, Rebekah was a member of the Student Employment and Labor Law Association, and she was the executive editor of the Journal of Law and Inequality. Prior to law school, Rebekah volunteered as a clerk at the Michigan Migrant Legal Assistance Project, a non-profit legal organization that provides legal services to indigent migrant farm workers while focusing on wage and hour and landlord/tenant disputes.

Admissions

  • California Supreme Court
  • Minnesota Supreme Court
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court – Central District of California
  • U.S. District Court – Eastern District of California
  • U.S. District Court – Northern District of California
  • U.S. District Court – Southern District of California
  • U.S. District Court – Eastern District of Michigan
  • U.S. District Court – District of Minnesota
  • U.S. District Court – Western District of Tennessee
  • U.S. District Court – Western District of Texas
  • U.S. District Court – Western District of Wisconsin

Education

  • J.D. University of Minnesota Law School, 2008, magna cum laude
  • B.S. Grand Valley State University, 2004, magna cum laude

Publications / Speaking Engagements

  • “The Intersection of Wage & Hour and EPLI.” Employment Practices Liability Insurance National Conference, New York, New York, 2016.
  • “Arbitration on the Wage & Hour Front: Tips, Strategies and Best Practices.” ACI’s National Forum on Wage & Hour Claims and Class Actions, San Francisco, California 2015.
  • "The Carrot and the Stick: How to Effectively Use Rule 68 Offers and When to Reject Them ." Federal Bar Association Annual Meeting and Convention, Salt Lake City, Utah, 2015.
  • "Required Without Pay: Deconstructing Integrity Staffing v. Busk." Minnesota State Bar Association CLE, Minneapolis, Minnesota, 2015.
  • "The New Lawyer Experience; Everything But the Kitchen Sink? Conducting Effective and Efficient Written Discovery." Minnesota CLE, Minneapolis, Minnesota, 2015.
  • “Making it Rain: High Stakes Exotic Dancer Litigation in Federal Court.” Federal Bar Association Webinar CLE Series, 2014.
  • "20 Tips to Make Litigation Practice Just a Little Easier." Strategic Solutions for Solo and Small Firms Conference, Duluth, MN, 2013.
  • "Your Boss Did What? Employment Law 101 and the ABC's of Finding a Good Case." Strategic Solutions for Solo and Small Firms Conference, Duluth, MN, 2012.
  • Panelist for "Dealing with Difficult Opposing Counsel: A panel of experienced practitioners share insights into this challenging aspect of your practice.” Strategic Solutions for Solo and Small Firms Conference, Duluth, MN, 2012.
  • “Class Action Waivers in Arbitration Agreements: The state of the law one year after AT&T Mobility v. Concepcion, 131 S. Ct. 1720 (2011).” Hennepin County Bar Association, Minneapolis, MN 2012.
  • "Pressing Forward: Connecticut’s Approach to Embryonic Stem Cell Research", 26 LAW & INEQ. 13 (2008).

Titles / Awards / Memberships

  • Named to The Top Women Attorneys in Minnesota List, 2016
  • Named to the Super Lawyers list, Minnesota Super Lawyers, Minneapolis/St. Paul Magazine, and Twin Cities Business, 2014 - 2016
  • Alumni Advisory Journal of Law & Inequality Board Member, 2011 to Present
  • Award for Excellence in Labor and Employment Law, ABA-BNA, 2008
  • Associate Chapter Editor for the ABA/BNA Fair Labor Standards Act, 3d Edition, 2014 to present
  • Contributor for the ABA FLSA Annual Midwinter Report, 2011 to 2014
  • Contributor for the ABA FMLA Annual Midwinter Report, 2009 to 2012
  • American Association for Justice Member
  • American Bar Association Member
  • Federal Bar Association Member
  • California State Bar Association Member
  • Minnesota State Bar Association Member
  • National Employment Lawyers Association Minnesota Chapter Member
  • National Employment Lawyers Association Member


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.