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I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti... [Audio]

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, provides an update on required EEO-1 and I-9 Forms, and addresses Employer Obligations to Employees After a Hurricane or Other Natural Disaster....more

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees [Audio]

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez [Audio]

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode provides an update on the DOL's significant Request...more

Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez [Audio]

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode presents the first of two parts of a timely and...more

Employment Law Now I-10- Independent Contractors, Age Discrimination, Performance Reviews, Web Site Accessibility, and Ducks, TIEs... [Audio]

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode addresses independent contractor misclassification,...more

Erecting a Legal Defense Through Social Media

I hope you had a very happy holiday season and New Year. Both seem to be distant memories at this point. Many of the upcoming posts in 2017 will undoubtedly address, and be impacted by, the nature of the new Trump...more

2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Noncompete Agreements: New Considerations Under Both Employment and Antitrust Law

BREAKING NEWS: There were a lot of employment law developments in 2016. In fact, there were a lot of developments in the world generally in 2016. The legal landscape when it comes to employers and employees was not any...more

It’s Still The Relationships, Stupid – 2016 Wrap Up (Part 2 of 2)

It is this time every year, as I am wrapping things up over at “social media and employment law blog” central, – and particularly in this latest political election year – that I am reminded of that election campaign more than...more

Poetic Justice – 2016 Wrap Up (Part 1 of 2)

This is the time of year to anxiously look forward to all that is anticipated to come in 2017. But it is also the time to look back at all that has happened in 2016. Rather than simply give you links to all of my stimulating...more

DOL Punts on Portable Device Regulations, For Now

“I wish the U.S. Department of Labor could issue more workplace regulations before Inauguration Day,” – said no employer anywhere ever. Questions about the new overtime regulations aside, there might just be another...more

Fa-La-La-La-La, La-La-La-La

In the holiday spirit? Find yourself singing alone in the car to Mariah Carey’s “All I Want For Christmas Is You” on Lite FM (of course, I don’t, I’m just asking you)? Thought the most interesting thing on your Twitter feed...more

The Power of Autowrong in Life and Employment Litigation

Are you tired of people refusing to take accountability for their actions? Tired of excuse after excuse for potentially offensive words? Sick of folks blaming grammar lunacy on their iPhones? If you answered “yes” to all...more

What Clinton, Um, Trump Means For Social Media and Employment Law

This was supposed to be posted last Wednesday morning. All kinds of great insight into what a(nother) Clinton White House would mean for social media and employment law. Then came the required post-election cut and paste....more

FTC and DOJ Issue Guidance on Application of Antitrust Law to Employee Hiring and Compensation

On Thursday, October 20, 2016, the U.S. Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) jointly released Antitrust Guidance for Human Resources Professionals (guidance) to explain how...more

Banning Employee E-Mailing?

“Everything in moderation,” I’m always saying. Exercise, TV, French fries. Well, I tend to moderate my exercise a tad more than my French fries, but I digress. What about technology? Social media? Those who know me know that...more

The Final Four – Do Employers Care?

Much time will be spent this week in person and online trying to make money on the NCAA tournament. There’s the blog hook for today. Online technology, and social media in particular, have made it much easier for employees to...more

Beware the Facebook Settlement Disclosure

We continue to toe the line between privacy rights and social media activity. Typically, though, it’s the employee looking to protect the privacy principle. Not this time. In the context of settlement agreements in employment...more

Won’t You Please, Please Yelp Me?

Yelp, I need somebody - Yelp, not just anybody - Yelp, you know I need someone - Yelp! My apologies to the Beatles. But the notion that one can’t do it alone and expect to be protected, may just be an apt moral in today’s...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

It’s Still The Relationships, Stupid – 2015 Wrap Up (Part 2 of 2)

It is this time every year, as I am wrapping things up over at “social media and employment law blog” central, – and particularly in this latest political election year – that I am reminded of that election campaign more than...more

Poetic Justice – 2015 Wrap Up (Part 1 of 2)

This is the time of year to anxiously look forward to all that is anticipated to come in 2016. But it is also the time to look back at all that has happened in 2015. Rather than simply give you links to all of my stimulating...more

Happy New Year: New Resolutions for New York in the New Year

Another New Year is upon us, and employers doing business in New York will begin 2016 with some significant New Year’s resolutions. So here are the top five new laws signed by Governor Andrew Cuomo that are designed to...more

Like It Or Not, Your Employees Can Like It

It gets boring to blog just about the NLRB. We need some judicial action to get the juices flowing a little more. We got a little something last week. Question: Is merely clicking the “like” button on Facebook tantamount to...more

Peeple Are Peeple

The English electronic band Depeche Mode sang that more than 32 years ago. Still applies, for some. Social media has made it easier and quicker for everyone – your employees included – to post their feelings online...more

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