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Wage & Hour Litigation and Compliance 2019


Speaker(s): Alexander J. Passantino, C. Andrew Head, David S. Fortney, Ellen C. Kearns, Emily J. Martin, Hon. Kate S. O'Scannlain, Jenny R. Yang, John S. Ho, Karla Gilbride, Lisa "Lee" A. Schreter, Matthew C. Helland, Michael A. Josephson, Michele R. Fisher, Reed L. Russell, Terri Gerstein, Timothy J. Long
Recorded on: Feb. 12, 2019
PLI Program #: 254128

C. Andrew (“Andy”) Head is the managing owner of Head Law Firm, LLC, an employee rights class and collective action litigation firm with offices in Atlanta and Chicago. In his twenty years of employment law practice before he formed Head Law Firm, LLC in 2015, Mr. Head exclusively represented management and corporate clients as a partner at Holland & Knight, LLP, followed by a mixed employer/employee-side practice as a partner at two Atlanta area firms before dedicating his practice primarily to the representation of employees in class and collective action wage and hour litigation.

Through his nationwide wage and hour litigation practice, his active service in various employment law organizations, and as a frequent presenter at continuing legal education seminars by ABA, PLI, NELA, ICLE, and others, Mr. Head has developed a national reputation as a leading practitioner in wage and hour class and collective actions. He has litigated over a hundred class and collective actions involving complex challenges such as fluctuating workweek pay plans, misclassification of employees as exempt from applicable state and federal overtime laws, regular rate violations, and other highly technical issues of wage and hour law compliance.

Mr. Head currently serves as the Co-Chair of the FMLA Subcommittee of the American Bar Association’s Federal Labor Standards Legislation Committee, Chapter Editor for the ABA’s Fair Labor Standards Act Treatise published by BNA, and Chapter Editor for the ABA’s Wage and Hour Laws: A State-by-State Survey also published by BNA. He has received many peer recognition honors, including being named to Super Lawyers, Georgia’s Legal Elite, Georgia Top Lawyers, Top Attorneys in Georgia, and invitation to Lawyers of Distinction.

Mr. Head graduated cum laude from Vanderbilt University, and received his Doctor of Jurisprudence from the Vanderbilt University School of Law.


Emily Martin, Vice President for Education & Workplace Justice, oversees the National Women’s Law Center’s advocacy, policy, and education efforts to ensure fair treatment and equal opportunity for women and girls at work and at school and to forward policy frameworks that allow then to achieve and succeed, with a particular focus on the obstacles that confront women and girls of color and women in low-wage jobs. Emily also oversees the operation of the TIME’S UP Legal Defense Fund, a more than $22 million fund dedicated to enabling individuals challenging workplace sexual harassment and related retaliation to obtain legal representation and storytelling assistance.  The TIME’S UP Legal Defense Fund is housed and administered by the National Women’s Law Center Fund LLC.

Prior to joining the National Women’s Law Center in 2009, Ms. Martin served as Deputy Director of the Women's Rights Project at the American Civil Liberties Union, where she spearheaded litigation, policy, and public education initiatives to advance the rights of women and girls, with a particular emphasis on the needs of low-income women and women of color. She also served as a law clerk for Senior Judge Wilfred Feinberg of the U.S. Court of Appeals for the Second Circuit and Judge T.S. Ellis, III, of the Eastern District of Virginia; as Vice President and President of the Fair Housing Justice Center in New York City; and previously worked for the National Women’s Law Center as a recipient of the Georgetown Women’s Law and Public Policy Fellowship. Ms. Martin is a graduate of the University of Virginia and Yale Law School.

Emily speaks frequently on issue related to women’s workplace rights, is frequently quoted in major print and broadcast media outlets, and is the co-author of The Rights of Women: The Authoritative ACLU Guide to Women’s Rights (4th Edition).


John S. Ho, a member in Cozen O'Connor’s New York office, exclusively represents employers on all labor and employment matters and regularly handles wage and hour matters involving federal and state laws, such as the Fair Labor Standards Act, the New York Labor Law, New York’s Miscellaneous Industries Wage Order, and New York’s Hospitality Wage Order which includes numerous cases involving New York’s Wage Theft Prevention Act, tip credits and tip pooling issues. John also routinely works with the Occupational Safety and Health Act, in addition to handling discrimination claims, ADA public accommodation cases, drafting employee handbook policies and procedures and employment contracts, conducting workplace investigations, and arbitrations. John has defended a wide range of employers against hybrid class and collective actions under the FLSA and the New York Labor Law. He also frequently assists companies with internal wage and hour audits, as well as Department of Labor audits, including those generated by misclassification of independent contractors in New York State unemployment filings.  John also has extensive experience with assisting businesses with internal safety and health audits and resolving and contesting OSHA citations including but not limited to fatality investigations as well as defending against claims of retaliation under OSHA and New York’s Workers’ Compensation Law.

As a former prosecutor with the U.S. Department of Labor, Office of the Solicitor, John was part of a litigation team that recovered approximately $4 million under the FLSA on behalf of New York State Environmental Conservation Officers. While at the DOL, he also received a commendation from OSHA’s regional administrator for his prosecution of a discrimination complaint under the Surface Transportation Assistance Act.   

John serves as the chair of Cozen O'Connor’s OSHA Practice and is also the author of its safety and health blog, the OSHA Chronicle.

John is a founding member of the Wage and Hour Defense Institute, and he frequently lectures on FLSA, OSHA, and Labor Department audits. He has also taught business and employment law at the Pratt Institute and the New School.

John also writes extensively on labor and employment law. He is currently the co-editor of the American Bar Association Labor and Employment Law Section electronic newsletter. He was a contributing editor to The Fair Labor Standards Act, 2002-2005, Cumulative Supplement, published by BNA Books, and has served on its editorial board since 2006.  John is also a chapter editor for the Occupational Safety and Health Law, Fourth Edition published by the ABA and Bloomberg Law. 

John is frequently asked to comment on labor and employment issues and has been quoted extensively in the Long Island Business News, Newsday, the Daily Labor Report and the Employment 360 and has been published in the New York Journal and USA Today (the magazine), among other publications. John has been named a New York Metro Super Lawyer since 2014 and Best Lawyers of America, 2018.

John is also a former officer and current board member of the Connecticut Asian Pacific American Bar Association.


Karla Gilbride joined Public Justice in October 2014 as the Cartwright-Baron staff attorney. Her work focuses on fighting mandatory arbitration provisions imposed on consumers and workers to prevent them from holding corporations accountable for their wrongdoing in court.

She has testified before the state legislatures of Maryland, New York and California on the topic of forced arbitration and has successfully briefed and/or argued arbitration-related appeals before the U.S. Courts of Appeals for the First, Fourth, Eighth, Ninth and Eleventh Circuits, as well as state appellate courts in New Jersey and Maryland. These cases involved such issues as whether a retailer can enforce an arbitration provision in a list of terms and conditions that also allows the retailer to change any term at any time without notice to the customer (national Federation of the Blind v. The Container Store, Inc.,  901 F.3d 70 (1st Cir. 2018)); whether an employer can wait until eight months into the litigation, after it had already lost a transfer motion, before seeking to arbitrate (Messina v. North Central Distributing, 821 F.3d 1047 (8th Cir. 2016)); whether a manufacturer can bury an arbitration provision in an informational brochure packaged with a cell phone (Dang v. Samsung  Electronics Co. LTD., 673 Fed. Appx. 779 (9th Cir. 2017)); and whether a debt buyer can file a collection action in court and then require that a subsequent lawsuit brought to challenge that collection activity take place in arbitration (Cain v. Midland Funding, LLC, 156 A.3d 807 (Md. 2017)). In each of these cases, the appeals court rejected the corporation’s attempt to force the plaintiff into arbitration.

She has also combated the tactic of corporations trying to decapitate class actions by offering individual settlements to the named class representatives, and argued and won a challenge to such a pick-off attempt in the Seventh Circuit in 2015 in a case called Webster v. Bayview Loan Servicing.

Karla is a member of the bar in New York, California and the District of Columbia, as well as several federal district courts, the US Supreme Court and the Courts of Appeals for the First, Second, Third, Fourth, Seventh, Eighth, Ninth and Eleventh Circuits. She is also a board member for the National Employment Lawyers Association, and a member of the National Association of Consumer Advocates.

Before coming to Public Justice, Karla spent three years as an associate at Mehri & Skalet PLLC, where she worked on wage and hour, and employment discrimination cases, as well as consumer class actions and cases brought under the Fair Housing Act. She previously spent three years at Disability Rights Advocates in Berkeley, Calif., bringing disability discrimination class actions and representing disabled consumers before the California Public Utilities Commission.

Karla graduated with honors from Georgetown Law in 2007 and clerked for Judge Ronald Gould on the U.S. Court of Appeals for the Ninth Circuit. She received her undergraduate degree from Swarthmore College with highest honors in 2002 with a major in linguistics and minor in psychology.


Kate S. O’Scannlain is the Solicitor of Labor. President Trump announced his intent to nominate Ms. O’Scannlain on September 28, 2017, and her nomination was confirmed by the U.S. Senate on December 21, 2017.

Before joining the U.S. Department of Labor, Ms. O’Scannlain was a partner in the Washington, D.C., office of Kirkland & Ellis LLP, where she worked for 12 years. Her practice focused on employment and labor law, including commercial litigation on behalf of clients in federal and state court, providing regulatory advice, and counseling on mergers, acquisitions, restructuring, and private equity.

Ms. O’Scannlain has wide experience in complex commercial and class-action litigation matters, including contract disputes, insurance disputes, fraud and fiduciary duty claims, defamation claims, securities fraud, bankruptcy, and pension and retirement law. She also provided pro bono representation to a variety of clients on diverse matters ranging from child-custody disputes, to helping Iraq War veterans obtain combat-related special compensation, to employment-related claims and issues. She has served as a regular volunteer with Catholic Charities Legal Network Clinic.

Ms. O’Scannlain grew up in Portland, Oregon, and received her B.A. from the University of Notre Dame, cum laude, and her J.D. from Notre Dame Law School, where she serves on the Notre Dame Law Association Board. 

Ms. O’Scannlain lives in Maryland with her husband and their four children.

 


Matthew C. Helland is an experienced and tenacious litigator who has fought for workers’ and consumers’ rights throughout his career. Matt serves as the managing partner of Nichols Kaster’s San Francisco office, where he focuses his practice on class and collective wage and hour cases filed in California and throughout the country. Handling both large class actions and individual matters throughout this career, Matt has developed a record of success in significant and complex litigation.

Matt litigates each of his cases with the same zealous advocacy and passionate protection of his clients’ rights, whether the case involves millions of dollars and thousands of clients, or thousands of dollars and one individual. In addition to representing workers across the country in wage and hour actions, Matt has also handled cases involving WARN Act violations, breach of contract, and severance negotiations. Matt has prevailed on behalf of clients at all stages of litigation, from individual arbitrations to the United States Court of Appeals for the Ninth Circuit.

An active volunteer within the legal community, Matt serves as the WARN Act subcommittee co-chair for the ABA Federal Labor Standards Legislation Committee; the Employee Vice Chair of the ABA Labor and Employment Law Section Webinar Committee; a member of the Education Committee of the California Employment Lawyers Association; and a Chapter Editor of the Fair Labor Standards Act Midwinter report for the ABA Section of Labor and Employment Law. Matt is an also active volunteer at Workers' Rights Clinics through Legal Aid at Work, where he supervises student attorneys in providing legal assistance to low wage workers.

Matt graduated magna cum laude from the University of Minnesota Law School in 2005. While attending the University of Minnesota Law School, Matt was a staff member and Managing Tribute Editor of the University of Minnesota Journal of Global Trade. He also participated in the Child Advocacy Clinic, representing the interests of children as a student attorney in both Family and Juvenile Court. Matt graduated magna cum laude from Rhodes College in 2002 with a Bachelor of Arts degree in English Literature.

Matt is admitted to practice in front of the United States Supreme Court, the United States Court of Appeals for the Eighth and Ninth Circuits, and the state and federal courts of Minnesota and California.


Michael A. Josephson is managing partner of Josephson Dunlap, LLP—a nationally recognized worker advocate litigation boutique. 

For almost twenty years, Michael has represented employees in state and federal wage and hour class and collective actions.  Michael has extensive litigation experience and has been lead counsel or co-lead in over 1,000 class and collective actions, individual cases and arbitrations seeking damages for unpaid overtime and wages based on allegations that employees worked off-the-clock, were misclassified as exempt or as independent contractors, or were the victims of regular rate and/or technical violations of both state and federal wage laws. He has represented tens of thousands of workers over the years and has litigated cases involving in almost every major industry, including oil and gas production and service companies, staffing companies, national food processors, retailers, transportation, government agencies, call centers, chemical plants, technical companies, stadium service providers, and litigation service companies.  These efforts have generated hundreds of millions of dollars in unpaid overtime payments and industry-wide changes to challenged wage practices.

Michael and his firm welcome referrals and joint venture opportunities.


Mr. Passantino is a Co-Chair of the firm’s Wage and Hour Litigation Practice Group.  Mr. Passantino, the former Acting Administrator of the U.S. Department of Labor’s Wage and Hour Division, focuses his practice on all aspects of wage and hour law, including advising employers on federal and state wage and hour compliance issues, auditing payroll and employee classification practices, representing employers before the U.S. Department of Labor, and defending class and collective action litigation.  In addition, Mr. Passantino provides guidance and counseling to government contractors who are subject to the Service Contract Act and the Davis-Bacon Act.  He advises clients on implementing compliance programs, auditing and correcting wage and hour issues, and responding to the ever-changing wage and hour legal landscape.

Mr. Passantino is active in the hospitality, construction, retail, financial services, and energy industries, and regularly assists trade associations and individual employers in those industries with public policy, legislative, regulatory, and administrative issues.  He has testified before a number of congressional committees, including the House Committee on Education and Workforce and the House Committee on Oversight and Government Reform.  He is a frequent speaker on wage and hour issues, at conferences, webinars, and client-specific training sessions.

Mr. Passantino served as the Deputy and Acting Administrator of the U.S. Department of Labor, Wage and Hour Division (WHD) from 2006 until 2009, after joining the Department in 2005.  In this role, he led the WHD in its interpretation and enforcement of the FLSA, the FMLA, the Davis-Bacon Act, the Service Contract Act, and numerous other federal statutes.  Nominated by the President, Mr. Passantino was responsible for enforcement policy, field operations, strategic planning, budgeting, media relations, legislation, regulations, opinion letters, compliance assistance, and personnel matters.

Before his work at the Department of Labor, Mr. Passantino served as a law clerk to the Honorable John F. Nangle in the Southern District of Georgia, after which he practiced law for eight years in Atlanta and Nashville, focusing on FLSA, employment discrimination, First Amendment, and consumer and financial services litigation.  Mr. Passantino received his law degree at the University of Georgia School of Law, and graduated from Emory University with a B.A. in political science.  He lives in Alexandria, Virginia, with his wife and their four children.


Terri Gerstein is the Director of the State and Local Enforcement Project of the Harvard Law School Labor and Worklife Program. The project examines and strengthens state and local initiatives and enforcement of worker protection laws. Terri recently completed an Open Society Foundations Leadership in Government fellowship. Previously, she worked over 17 years in New York state government, including as the labor bureau chief in the attorney general’s office, and as a deputy labor commissioner overseeing wage and hour enforcement throughout New York State.

Prior to her government service, Terri worked at nonprofit organizations in Miami, representing immigrant workers and domestic violence victims, and also co-hosted a Spanish-language radio show on workers’ rights. She was a law clerk to the Honorable Mary Johnson Lowe in the U.S. District Court for the Southern District of New York, and she is a graduate of Harvard College and Harvard Law School.

Terri’s writing on workers’ rights issues has appeared in a wide variety of publications including the New York Times, the Washington Post, Slate, the Guardian, the Hill, the Nation, and the Daily News. 


Tim Long leads a vibrant employment law practice representing clients throughout the state and beyond from his offices in Los Angeles and Sacramento. For the last two years, The Daily Journal has selected Tim as one of the top labor and employment lawyers in California. 

Tim has developed a national reputation litigating complex employment matters.  Tim has acted as lead counsel in numerous class, collective and representative actions and advised on dozens more.

Mr. Long is one of the few lawyers who has tried to verdict an employment class action, obtaining a complete defense verdict on behalf of a major retailer. He went on to protect the verdict on appeal.  Last year Tim argued to the California Supreme Court, achieving a victory for another retail client.  He also made it to the U.S. Supreme Court in a case involving independent contractors and the enforceability of arbitration agreements.  That case settled on the eve of oral argument.

Tim is also the Editor of PLI’s Employment Law Yearbook, which is the most comprehensive, annual update on issues that are most relevant to employment law practitioners.


Ms. Yang served as Chair, Vice-Chair, and Commissioner of the U.S. Equal Employment Opportunity Commission from May 2013 to January 2018. Ms. Yang led efforts to tackle systemic barriers to opportunity, including launching a Select Task Force on the Study of Harassment in the Workplace, enhancing the EEOC’s annual EEO-1 data collection to include employer reporting of pay data, and studying the EEOC’s systemic work over the past decade – culminating in the public report:  Advancing Opportunity: A Review of EEOC’s Systemic Program. As Chair, Ms. Yang created new procedures for public input on guidance documents to promote transparency and launched digital systems to facilitate online charge information.

Currently, Ms. Yang serves as an Open Society Foundations Leadership in Government Fellow and a Fellow with the Urban Institute in the Center on Labor, Human Services, and Population.  Ms. Yang is examining the changing nature of work and its impact on the growing segment of the workforce in nonstandard and precarious work arrangements such as independent contractors, subcontractors, temporary workers, and those in the gig economy.  In addition, she is studying the impact of technological disruptions on working conditions and economic advancement opportunities for low wage workers.  Ms. Yang also serves as a Partner with Working Ideal, where she is helping employers implement evidenced-based practices to promote inclusion and equality of opportunity.

Prior to joining the EEOC, Ms. Yang spent a decade representing workers nationwide in civil rights class actions and wage and hour collective actions as a partner at Cohen Milstein Sellers & Toll PLLC. From 1998 to 2003, she served as a Senior Trial Attorney with the U.S. Department of Justice, Civil Rights Division, Employment Litigation Section. Prior to that, Ms. Yang was a fellow at the National Employment Law Project working to protect the rights of garment workers.


Reed Russell practices in the area of labor and employment focusing on representing employers in wage and hour and employment discrimination law, with an emphasis on collective and class action litigation, other complex litigation and strategic advice. He also represents employers in claims raising equal employment opportunity issues, including claims of single-plaintiff, multi-plaintiff or class discrimination, and provides advice on employment practices, including through statistical analysis of such practices.

Mr. Russell is the former legal counsel of the U.S. Equal Employment Opportunity Commission, where he was responsible for developing agency policy on the federal anti-discrimination statutes, and serving as the EEOC Chair’s chief legal advisor.

Mr. Russell is a regular speaker and writer on labor and employment issues. He is the co-author of Bloomberg/BNA’s EEOC Litigation and Charge Resolution, and a Senior Editorial Board Member of Bloomberg/BNA’s The Fair Labor Standards Act and its Cumulative Supplements, and speaks regularly at seminars on EEO and wage and hour issues.

He currently serves as the practice coordinator for the firm's regional labor and employment practice.

In addition, Mr. Russell is a former major in the Army National Guard and a veteran of Operation Iraqi Freedom.


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.


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.


Michele R. Fisher is a partner at Nichols Kaster whose practice is primarily dedicated to national wage and hour class and collective action litigation. She has represented over a hundred thousand employees seeking to recover overtime pay, minimum wages and commission payments. She has successfully handled numerous jury trials and arbitrations. She is a member of the firm’s management committee and the chair of its Business Development and Marketing Groups, which originate class and collective actions and market the firm. Michele is a regular speaker at local and national conferences, routinely acts as an author and editor for wage and hour publications, and is active in several organizations. 

Michele is the co-chair and a faculty member of the Practising Law Institute’s Wage & Hour Litigation and Compliance conference, the Co-Chair of the ABA Federal Labor Standards Legislation Committee. She has also served as the Co-Editor-in-Chief of the ABA Federal Labor Standards Legislation Committee’s Midwinter Report, an editorial board member for BNA’s the Fair Labor Standard Act Treatise, and a chapter editor for BNA’s Wage and Hour Laws: A State-by-State Survey. 

Michele has been named to the Super Lawyers, Top Women Attorneys, and Rising Star lists repeatedly, and is a member of the Top 100 National Trial Lawyers, the Top 10 Wage and Hour Trial Lawyers, and a Lawyer of Distinction. Michele provides pro bono representation for the Children’s Law Center.


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.