Deep Dive Episode 199 – Pass or Fail? Grading the NLRB, EEOC, and DoL
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
Collectively the Department of Labor, Equal Employment Opportunity Commission, and the National Labor Relations Board play a pivotal role in almost every dimension of employment in the nation. This inaugural panel discusses recent developments in the regulatory regimes of each and grades their performance over the four years of the Trump Administration. Greg Jacob moderates the discussion and presses our speakers about the fairness and accuracy of their grades.
Featuring:
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
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 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.
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, and workplace health and safety. He brings experience from the public and private sectors in advising clients on these issues, and he frequently represents clients before federal and state agencies, including the U.S. Department of Labor's agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board.
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 USAsurvey of America’s Leading Lawyers for Business in all years from 2005 through 2015. He was selected for inclusion in the 2008 through present editions of The Best Lawyers in America, Washington D.C.’s, Washington D.C.’s Best Lawyers, and Super Lawyers. Mr. Fortney was also awarded an AV rating (the highest level) by Martindale-Hubbell.
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 the term of President George H.W. Bush. 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.
Mr. Fortney has testified before the U.S. Congress on several occasions and 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. Mr. Fortney is the co-editor of the Federal Employment Law Insider monthly newsletter, Chapter Editor 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.
Former Assistant Secretary of Labor for Policy, U.S. Department of Labor
Leon Sequeira served as Assistant Secretary of Labor (Policy) for President George W. Bush. Prior to this, he served as Legal Counsel in the office of United States Senator Mitch McConnell. Earlier in his career, he served as Counsel of the U.S. Senate Committee on Rules and Administration.
Mr. Sequeira received his bachelor's degree from Northwest Missouri State University and his JD from George Washington University Law School.
Staff Attorney, National Right To Work Legal Defense Foundation
Glenn Taubman is a Staff Attorney for the National Right to Work Legal Defense and Education Foundation (1982 to the present). He was a Law Clerk for Senior Circuit Judge Warren L. Jones, U.S. Court of Appeals for the Fifth and Eleventh Circuits, Jacksonville, Florida, from 1981-82, and a Staff Attorney for the U.S. District Court, Middle District of Florida, Jacksonville, Florida, from 1980-81. His Bar Admissions include: Georgia, 1980; New York, 1981; U.S. Supreme Court, 1983; District of Columbia, 1985. He regularly appears before the National Labor Relations Board and various federal courts, representing individual employees only.
He is the author of "'Neutrality Agreements' and the Destruction of Employees' Section 7 Rights" (2005) and co-author of "Union Discipline and Employee Rights," a monograph published by the National Right to Work Foundation.
A partial listing of his reported cases includes: Lucas v. NLRB, 333 F.3d 927 (9th Cir. 2003);Penrod v. NLRB, 203 F.3d 41 (D.C. Cir. 2000);Production Workers v. NLRB, 161 F.3d 1047 (7th Cir. 1998);Food & Commercial Workers Local 951 v. Mulder, 31 F.3d 365 (6th Cir. 1994);NLRB v. Office Employees Local 2, 902 F.2d 1164 (4th Cir. 1990);Tierney v. City of Toledo, 917 F.2d 927 (6th Cir. 1990);Lowary v. Lexington Local Board of Education, 902 F.2d 422 (6th Cir. 1990);Lowary v. Lexington Local Board of Education, 854 F.2d 131 (6th Cir. 1988);Tierney v. City of Toledo, 824 F.2d 1497 (6th Cir. 1987);Masiello v. US Airways, Inc., 113 F. Supp. 2d 870 (W.D.N.C. 2000);Jordan v. City of Bucyrus, 739 F. Supp. 1124 (1990),further proceedings, 754 F. Supp. 554 (N.D. Ohio 1991);Dana Corp., 341 N.L.R.B. No. 150, 2004 WL 1329345 (June 7, 2004);California Saw & Knife Works, 320 N.L.R.B. 224 (1995),enforced, 133 F.3d 1012 (7th Cir. 1998).
Partner, O'Melveny & Myers LLP
Gregory Jacob is a partner in O’Melveny’s Washington, D.C. office. Greg Jacob represents financial services companies including banks, investment managers, health care payors, and insurers, as well as other employers, in class action and other litigation concerning ERISA and other labor and employment matters. A former Solicitor of Labor, Greg has extensive knowledge on a wide variety of labor and employment issues including ERISA, FLSA, OFCCP, and whistleblower law. He regularly litigates in federal courts throughout the country, defends clients against Department of Labor investigations, and provides counseling to plans and plan sponsors.
Prior to rejoining O’Melveny in 2021, Greg served as Counsel to Vice President Pence and Deputy Assistant to the President. He directly advised the Vice President on all legal issues relating to the Office of the Vice President, and advised the White House Coronavirus Task Force concerning the Defense Production Act and other legal issues related to bolstering the domestic supply chain.