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Employment Law Now VIII-150 - The FTC Noncompete Rule is Dead: What Now? [Audio]

In this special 150th podcast episode, Michael Schmidt is joined by his Cozen O'Connor colleagues David Barron and Jim Gale to discuss what is left of the FTC noncompete rule, if anything, and what employers should be doing...more

Employment Law Now VI-118 - Overturning Roe v. Wade and the Impact on Employers and Employees  [Audio]

In today's episode, Michael Schmidt offers the takeaways from the Supreme Court's June 2022 Dobbs decision overturning Roe v. Wade, and is joined by his Cozen O'Connor colleagues for a roundtable discussion on the impact of...more

FAQ: Texas Executive Order Restricting Mandatory Vaccination Policies

On October 11, 2021, Texas Governor Greg Abbott issued Executive Order No. GA-40 placing restrictions on any entity (including private employers) from issuing COVID-19 vaccine mandates, subject to legislative action. It is...more

OSHA’s New COVID-19 Guidelines and What They Mean for Employers

On June 10, 2021, OSHA issued updated COVID-19 guidance for all employers, along with its much awaited emergency temporary standard focused on health care workers. Importantly, OSHA continued in the footsteps of the CDC in...more

Employer Guide to COVID-19 Vaccination

Mandatory vaccination policies have long been common in the health care field with respect to illnesses like measles and the flu, but have not been implemented on a wide spread basis. To date, courts have generally found such...more

Employers Should Prepare for Wave of COVID-Related Wrongful Death Lawsuits

The latest projections estimate that nearly 300,000 Americans will die from COVID-19 by the end of 2020. Many of those individuals will be employed when they contract the virus, and a significant number will be workers in...more

Employment Law Now IV-66 - Predicting the Next Stimulus Legislation and the Post-Coronavirus Workplace [Audio]

In today's episode, Mike Schmidt is joined by his Cozen O'Connor colleagues Howard Schweitzer (public strategies/gov't relations) and David Barron (labor and employment) to discuss what the next federal stimulus legislation...more

Severe Flu Season Creates HR Challenges

With the outbreak of the corona virus dominating headlines, it is a great time to dust off the company policy on dealing with flu season and infectious diseases, generally, in the workplace.  Contagious diseases are...more

Texas’ Expansion of Medical Marijuana May Impact Employers

Texas has largely avoided the wave of marijuana legalization sweeping the country and the accompanying legal complications that have come along for the ride. Those days may be numbered as the Texas Legislature recently passed...more

HR Guide For Hurricane And Disaster Preparation - Preparing For The Worst: 2019

It’s hurricane season, and companies all along the Gulf should have a plan in place not only to address business continuity issues, but also the human resources and staffing questions that arise in the event of a natural...more

Update on Texas Legislature Bill to Reverse Austin Sick Pay Law

At the beginning of the Texas Legislature session this year, it seemed like a slam dunk that conservative lawmakers would stop Austin and other cities in their tracks in their efforts to pass employment laws like mandatory...more

HR Guide for Hurricane and Disaster Prevention

Although one can never be fully prepared for a natural disaster, it is important to be aware of the federal and state laws implicated in such situations. With hurricane season in full swing and in the aftermath of Hurricane...more

Fight Heats Up Over Sick Pay in Texas Cities

San Antonio City Council approved a Paid Sick Leave Ordinance on Thursday, August 16, 2018, which allows workers to accrue up to 64 hours of paid sick leave each year. This law largely tracks the recent Austin sick pay...more

Should Companies Change Harassment Training in the Wake of #Metoo?

One of the benefits of the recent #Metoo movement is that companies in every industry are rethinking not only employment policies, but their approach to training and organizational culture. I was recently interviewed for an...more

How Should Employers Respond to #MeToo?

The #MeToo movement started as a wave of press coverage exposing long-suppressed stories of sexual harassment and exploitation in Hollywood. That movement, however, has now gone far beyond Harvey Weinstein. ...more

Sexual Harassment Lawsuits Just Got Tougher to Settle

Just like the infamous line that Congress had to pass the Affordable Care Act to know what was in it, it seems we had to pass the new tax law to find out all of the hidden surprises. One item that received little publicity...more

Performance Evaluations Can Pose Trouble for Employers

It’s that time of year again. You know the one. Supervisors hurriedly completing performance evaluations at the last minute to avoid nasty emails from the HR Department about missed deadlines. Sound familiar? If so, your...more

Harvey Weinstein Case Brings Sexual Harassment Back to the Spotlight

The Harvey Weinstein case has brought a spotlight to a problem that has plagued not only Hollywood but other professions as well. While Corporate America has largely cleaned up its act and instituted robust anti-harassment...more

Is Your Sexual Harassment Training Making Things Worse?

A recent article about a study on the effectiveness of sexual harassment training caught my eye. The article explains: “Some researchers believe trainings have no positive effects, tend to be more about legal cover than...more

Labor and Employment Observer 2015/2016

The Irony in Regulating Employee Social Media Speech: the NLRB vs. the FTC - BREAKING NEWS: Employees use social media. A lot. And, in a related story, Bush beat Gore, according to the Supreme Court. All breaking news,...more

HR Trouble at Holiday Parties

It’s that time of the year when HR professionals are crossing their fingers and hoping they don’t have to terminate anyone for misconduct at the company holiday party. Fox 26 in Houston interviewed me about the suggested tips...more

Uber and Other Startups Facing Independent Contractor Disputes

Perhaps the blurriest line in employment law is the difference between an independent contractor and employee. Companies prefer contractor status because it is cheaper and offers more flexibility. ...more

If You Are Planning Layoffs – Here Are Five Things You Need to Know

Unfortunately, when the price of oil goes down, the employment numbers also move downward in Houston. Many clients in the oil and gas industry are either planning or considering downsizing measures, which means that it is a...more

If You Haven’t Already, It’s Time to Add Sexual Orientation and Trans-Gender to Your Discrimination Policy

On its face, federal law does not list sexual orientation or trans-gender status as protected categories. Some states or cities have passed their own laws offering such protections, leaving a patchwork of laws across the...more

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