The U.S. Department of Labor’s (DOL) Wage and Hour Division’s (WHD) recent enforcement efforts represent a flawed approach that assumes incorrectly that employers are deliberately violating the law, according to David Fortney, cofounder of Fortney & Scott, LLC, in Washington, D.C., who testified before a U. S. House of Representatives subcommittee November 3.
Fortney, editor of [...]

by Leslie Stout-Tabackman and David Fortney, Fortney & Scott, LLC
This article arises from comments on the “Bridge to Justice” program by U.S. Department of Labor (DOL) Solicitor Patricia Smith during the panel discussion “The Obama Administration’s Enforcement of the Wage and Hour Laws” at the Practicing Law Institute’s (PLI) “Managing Wage & Hour Risks 2011″ [...]

by David S. Fortney and J. Robert Brame
Editors, Federal Employment Law Insider
The historic 2010 elections for the 112th Congress will significantly alter how Washington operates. The Republicans gained more seats than during any election since 1948, and we now move forward with a politically divided government following two years of Democratic control of both houses [...]

by David S. Fortney, Fortney & Scott, LLC
Well-counseled employers know their company’s compensation systems increasingly are subject to enforcement actions and litigation challenges. The trend of employers facing significant challenges to their compensation systems is both continuing and accelerating.

by J. Robert Brame, McGuireWoods LLP
In the 1990s, there was a growing concern about the “criminalization” of corporate law, in part justified by the passage of the Sarbanes-Oxley Act, which placed real criminal risks on top managers. While Sarbanes-Oxley was no threat to HR managers at first, innovative prosecutors and plaintiffs’ attorneys are changing that, [...]

The National Labor Relations Board (NLRB) celebrated the 75th anniversary of the National Labor Relations Act (NLRA), which created the Board. Commenting on the stalled so-called Employee Free Choice Act (EFCA), Chairman Wilma Liebman noted that congressional inaction on the EFCA may contribute to the “flip-flopping” with which the Board has been accused. She also [...]

by Susan M. Webman and Burton F. Fishman of Fortney & Scott, LLC
The new Family and Medical Leave Act (FMLA) regulations, while not a panacea for the long-standing problem of employees using FMLA rights as an excuse to take leave on an intermittent and, at times, seemingly irrational basis, do offer some help in curbing [...]

Employers’ HR and benefits teams are facing the question of what to do in response to pending health care reform. Competing health care proposals are being hotly debated by Congress and the White House in Washington, D.C., and by legislators and their constituents around the country. The debate presents the full range of options, from [...]

Like most federal agencies, the U.S. Department of Labor (DOL) is a large bureaucracy, housing many levels of subagencies and layers of employees with a host of titles that are unintelligible to outsiders. The DOL has recently decided to do a little streamlining by abolishing the umbrella agency that oversees four of its major units.
In [...]

by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC
Last week, we looked at the similarities and differences between traditional Family and Medical Leave Act (FMLA) leave and the new qualifying exigency military FMLA leave. This week we look at military caregiver leave. The rules for employer coverage (employing 50 employees within a [...]