David S. Fortney, Esq.
- Employment Law
- Labor Law
About David's Practice
David S. Fortney is a co-founder of FortneyScott, a Washington, D.C.-based, woman-owned 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, international dispute resolution and counseling matters, and developing strategies for avoiding or responding to workplace-related crises. 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's litigation experience includes obtaining defense verdicts for employers in extended jury trials, as well as designing and implementing Alternative Dispute Resolution procedures to help resolve employment claims in an efficient and fair manner.
Before co-founding the firm, Mr. Fortney served as the chief legal officer of the U.S. Department of Labor in Washington, D.C. during the first 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's 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, the Employee Benefits Security Administration, the Occupational Safety and Health Administration, and the Mine Safety and Health Administration.
Mr. Fortney has testified on several occasions before the U.S. Congress. He most recently testified on behalf of the national employers' O.T. Coalition in support of the Department of Labor’s issuance of revised FLSA "white-collar" exemption regulations. He has also testified before a state legislative committee on wage and hour matters.
Mr. Fortney is a frequent lecturer and writer on employment-related topics, including appearances on CNN, CBS and Fox News.
- Duquesne University School of Law, J.D., 1980
- The Pennsylvania State University, B.A., 1977
Major Publications & Speaking Engagements
- Co-editor, Federal Employment Law Insider (since May 2004, Business & Legal Resources)
- Quoted, "With Scalia at Helm, Expect DOL to Be More 'Disciplined,' Pro-Business'," HR Daily Advisor, September 27, 2019
- Quoted, "Ring Confirmation Provides Republican Majority on NLRB, HR Daily Advisor," April 12, 2018
- Quoted, "Spending Bill's Tip-Pooling Provision Opens Options for Employers," HR Daily Advisor, March 28, 2018
- Co-Author, "Review of the Trump Administration's First Year: Immigration, Wage and Hour Enforcement," HR Daily Advisor, January 31, 2018
- Co-Author, "Review of the Trump Administration's First Year: Aggressive Agency Action," HR Daily Advisor, January 30, 2018
- Co-Author, "Review of the Trump Administration's First Year: Surprising and Controversial Moves," HR Daily Advisor, January 29, 2018
- Quoted, "Latest NLRB Action Seen as Demise of 'Quickie' Union Election Rule," HR Daily Advisor, December 15, 2017
- Co-Author, "Diversity and inclusion: America's CEOs are showing the path forward," Federal Employment Law Insider, September 2017, and Diversity Insight, August 30, 2017
- Quoted, "'Religious liberty' order leaves LGBT nondiscrimination provisions intact," Human Resources News, May 5, 2017
- Quoted, "House passes comp time bill; White House voices support," Human Resources News, May 4, 2017
- Quoted, "Supreme Court will consider class action waivers," Human Resources News, January 20, 2016
- Author, "What Can Federal Contractors Expect Under the Trump Administration? Here's What We Know So Far," HR Daily Advisor, January 18, 2017
- Quoted, "Which employer mandates are on Trump's chopping block?" HR Hero Line, December 23, 2016
- Quoted, "Employers urged to plan now for changes new overtime rules will bring," HR Hero Line, August 12, 2015
- Quoted, "NLRB proceeds with 'quickie election' rule implementation," Human Resources News, April 7, 2015
- Quoted, "Federal contractors facing new regulations: Tips for compliance," HR Hero Line, February 5, 2014
- Quoted, "Attorney Blasts DOL's 'Gotcha Approach' to Workplace Enforcement," HR Hero Line, November 4, 2011
- Co-Author, "DOL Provides Crucial New Information on Lawyer Referral Program," HR Hero Line, March 10, 2011
- Chapter editor, The Family and Medical Leave Act (2006, BNA Books)
- Co-author, Military Leave Compliance Kit (2001, M. Lee Smith Publishers LLC)
- Lead author, Guide to Employee Leave (1997, Warren, Gorham & Lamont)
- Frequent lecturer and writer on employment-related topics, including appearances on CNN, CBS, and Fox News
- Recognized as a Washington D.C. Area Best Lawyer in labor and employment law in The Best Lawyers in America
- Named one of the leading employment lawyers in Washington, D.C. by Chambers USA: America's Leading Lawyers for Business (2005, 2006, and 2007)
Admitted to Practice
Commonwealth of Pennsylvania; District of Columbia; U.S. Supreme Court; various U.S. Courts of Appeals and U.S. District Courts