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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

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 pay equity, 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.  Fortney & Scott, LLC has been recognized, both locally and nationally, as a leading management employment law firm in the prestigious Best Law Firms survey for 2011-2019 by U.S. News & World Report and Best Lawyers for Washington, D.C.

Mr. Fortney 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, workplace health and safety, and pension and welfare benefits. He brings experience from the public and private sectors in advising clients on these issues, and he frequently represents clients before the U.S. Department of Labor's agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board. Mr. Fortney previously served as the Deputy and Acting Solicitor of Labor (chief legal officer) at the U.S. Department of Labor where he represented all DOL agencies.  Mr. Fortney's also has experience in litigation as well as in designing and implementing Alternative Dispute Resolution procedures to help resolve employment claims in an efficient and fair manner.

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.; Washington D.C.’s Best Lawyers; and Super Lawyers.  Mr. Fortney also has an AV rating (the highest level) by Martindale-Hubbell.

David Fortney can be contacted by email ( or telephone (+1.202.689.1200).  Additional information is available at


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.


  • 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


  • 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