Burton J. Fishman

Burton J. Fishman has devoted his practice to developing the “law of the workplace,” an interdisciplinary approach that offers employers counsel and representation on a broad range of matters growing out of government regulation of business. His experience extends to the full spectrum of employment and labor matters, including employment discrimination, affirmative action (OFCCP), the Americans with Disabilities Act (ADA), and human resources counseling. In recent years, his practice has focused on assisting clients with the changing laws of pay equity, mandated leave, and similar workplace matters. He has represented clients throughout the nation in proceedings before the Equal Employment Opportunity Commission, the U.S Department of Labor, the National Labor Relations Board, and in arbitrations and courts at all levels. He has repeatedly been recognized as a Washington SuperLawyer in the labor and employment field by Washington Law & Politics magazine and is a long-served Member of the College of Labor and Employment Lawyers.
Mr. Fishman served as the Deputy Solicitor for National Operations for the U.S. Department of Labor during the George H. W. Bush administration. During that time, he was a departmental spokesman and Congressional witness on such issues as disability law, wage and hour matters, safety and health, and the ‘glass ceiling’ initiative. His familiarity with the regulatory and legislative process has led to his being retained by entities as diverse as the Society of Human Resource Management, the National Association of Manufacturers, and the American Bar Association to represent them regarding emerging issues and proposed legislation before Congress and the executive agencies.
Mr. Fishman has served as co-chair (management) of the Federal Legislative Developments Committee of the American Bar Association’s Labor and Employment Law Section and also as a member of its Equal Employment Opportunity Committee. A widely-recognized author of over 100 books and articles on workplace issues, his publications include: The ADA: Ten Years After; HR Guide to Employee Management; The HR Question and Answer Book; Workplace Privacy; Thompson’s HR Policies; and Guide to Accommodations of Disability and Religion. Mr. Fishman is an experienced speaker on employment issues, including several presentations at SHRM national meetings, at the American Bar Association Annual Convention, and at similar gatherings throughout the country.
Mr. Fishman is an active supporter of the arts in Washington, serving as the General Counsel of the Washington Performing Arts Society and as a founding member of the Lawyers Committee of the Shakespeare Theatre Company of Washington.
- Yale University (J.D.)
- Princeton University (Ph.D. with distinction)
- Cambridge University, Cambridge, England (M.A. with honors)
- Occidental College (B.A. magna cum laude)
- Editor, Federal Employment Law Insider
- Quoted, "NLRB Announces Plans for Rules on Joint Employment, Union Election Procedures," HR Daily Advisor, June 23, 2022
- Quoted, "NLRB's Latest Move Continues Union-Boosting Efforts," HR Daily Advisor, April 29, 2022
- Quoted, "OSHA's Next Move: Agency at Work on Permanent COVID-19 Safety Standard," HR Daily Advisor, January 26, 2022
- Quoted, "Supreme Court Rejects One Vax Mandate, But Employers Urged to Stay Tuned," HR Daily Advisor, January 14, 2022
- Quoted, "Employers Await Word from Supreme Court on Vaccine Rules," HR Daily Advisor, January 7, 2022
- Quoted, "Congress Again Mulling Pregnancy Accommodation Bill," HR Daily Advisor, May 13, 2021
- Quoted, "DOL's Rule Withdrawal Makes Justifying Independent Contractor Status Tougher," HR Daily Advisor, May 6, 2021
- Quoted, "Employers Urged to Prepare for Tougher Rules on Contractors, Joint Employment," HR Daily Advisor, March 12, 2021
- Quoted, "PRO Act's Chances in Senate Doubtful, But It Still Airs Labor's Wish List," HR Daily Advisor, March 11, 2021
- Quoted, "Biden's Call for $15 Federal Worker Minimum Wage Seen as Signal of Things to Come," HR Daily Advisor, January 25, 2021
- Quoted, "Quick Firing of NLRB General Counsel Seen as Unmistakable Sign of Prolabor Shift," HR Daily Advisor, January 21, 2021
- Quoted, "Employers Can Expect Pro-Union Agenda Under New DOL Chief," HR Daily Advisor, January 8, 2021
- Author, "NLRB has fallen, and it can't get up," Federal Employment Law Insider, January 2019, and HR Daily Advisor, January 31, 2019
- Author, "Culture clash: Federal agencies offer different interpretations of same issue," Federal Employment Law Insider, September 2018, and HR Daily Advisor, October 10, 2018
- Author, "Is the NLRB sinking in place?" Federal Employment Law Insider, May 2018, and HR Daily Advisor, May 24, 2018
- District of Columbia
- Maryland
- United States Supreme Court
- Various U.S. Courts of Appeals and U.S. District Courts