Michael Schmidt

Michael Schmidt

Cozen O'Connor

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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

3/18/2016 - Basketball Employment Policies Gambling NCAA Social Media Sports Betting

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

3/8/2016 - Facebook Non-Disclosure Agreement Online Platforms Public Forum Public Statements Settlement Agreements Social Media Wage and Hour

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

3/1/2016 - Free Speech Hiring & Firing NLRA NLRB Online Reviews Termination Yelp

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

1/7/2016 - Employer Liability Issues Exempt-Employees FLSA FTC Gun Laws NLRB Pregnancy Discrimination Social Media Policy

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

12/30/2015 - Mobile Devices Protected Concerted Activity Social Media Social Media Policy Social Networks

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

12/29/2015 - Facebook Free Speech NLRB Social Media Wearable Technology

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

12/9/2015 - Anti-Pay Secrecy Attorney's Fees Family Status Discrimination Gender-Based Pay Discrimination Popular Reasonable Accommodation Sex Discrimination Sexual Harassment

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

10/28/2015 - Employment Policies Facebook Free Speech NLRB Privacy Policy Protected Concerted Activity Social Media Social Media Policy Social Networks

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

10/6/2015 - Employment Policies Mobile Apps Online Platforms Social Media Social Media Policy Social Networks

This Is No Laughing Matter

I heard a new statistic yesterday and was all excited. LOL! Thought it would be some big news event that I could blog about this morning, maybe even debate with my labor and employment colleagues. ROTFL! Like, how the number...more

8/14/2015 - Facebook Online Platforms Religious Accommodation Religious Freedom Social Media Wage and Hour

An Apple A Day Keeps Employers Awake

Bloomberg just reported last week that the Apple Watch “is eroding demand for traditional timepieces.” That’s not just a bad sign for watch retailers, but for employers who continue to have to keep up with the ever-shrinking...more

8/11/2015 - Apple Apple Watch Employment Policies GINA Google Google Glass Harassment Healthcare NLRB Non-Disclosure Agreement OSHA Popular Proprietary Information Smartphones Trade Secrets Wearable Technology

When Political Discourse “Trumps” Workplace Rules

You thought Donald Trump was all over the place before. The golf courses, beauty pageants and reality shows paled in comparison to what we have seen and heard in 2015. Jumping into the ring of this election cycle’s...more

7/14/2015 - Donald Trump Employment Discrimination Employment Policies Harassment Human Resources Professionals Immigration Reform Mexico Social Media

WTF Day 2

As in, “Way Too Frequently” we are hearing and reading about cyber and data breaches. The ironic hack du jour: LastPass. Wait for it: A company that lets a customer store all of his or her passwords online in a single storage...more

6/17/2015 - Cyber Attacks Cybersecurity Data Breach Data Protection Hackers Passwords

WTF?!

WTF already?! As in, “where’s the fairness?” Time for an acronym update from our favorite government acronym, the NLRB. You will certainly remember that we have recommended asking yourself three questions before determining...more

6/16/2015 - Discipline Employer Liability Issues First Amendment NLRA NLRB Offensive Language Protected Concerted Activity Unions

Trolling Social Media To Find Your Disgruntled Employees

I’ve often said that the definition of “plaintiff” in a lawsuit can be simply stated as a “pissed off employee.” The old cliché that “a happy employee equals a productive employee” still rings true, but that is only part of...more

4/21/2015 - Best Management Practices Former Employee Hiring & Firing Popular Social Media Social Networks

Are You A Nasty Mother Fu*ker?

I don’t know if you are or aren’t. That’s probably for a different timeforhardselfassessmentlawblog.com (wish I had purchased that domain). However, I do know that your employees apparently can call their manager a nasty...more

4/3/2015 - Employee Rights Facebook NLRB Offensive Language Protected Concerted Activity Social Media Social Media Policy

Latest NLRB Social Media Guidance – Helpful or More Confusing?

It’s been a little while since we talked about the NLRB and its feelings on “protected concerted activities” and social media policies. After all, there are other social media and employment law issues worth considering from...more

3/24/2015 - Employment Policies New Guidance NLRB Popular Social Media Social Media Policy

Too Many People Using Social Media?

Well, maybe there aren’t too many people using social media in general. But, perhaps, that is the lesson to be taken from a recent federal court decision that addressed the intersection of one statute’s purpose and the...more

3/18/2015 - FLSA Gawker Popular Service of Process Social Media Wage and Hour

Want To Hear A Good Suggestion?

The “suggestion box” seemingly goes back to the dawn of time. In 2015, the cardboard carton, manila folder, or plastic shelf physically attached to the outside of the door has been replaced by the virtual, online suggestion...more

3/9/2015 - Corporate Culture Employer Liability Issues NLRB Trade Secrets Wage and Hour

50 Shades of Great

Do you have an Anastasia Steele and Christian Grey working in the same department, late? Do you have Anastasia constantly trying to bond with an unwilling Grey? Or an aggressive Grey with suggestive Facebook messages to...more

2/16/2015 - Holidays Workplace Romances

Seahawks or Patriots – Do Employers Care?

I certainly don’t really care. My Cowboys ended their year a couple of weeks too early (yes, that was a catch). However, many people do care, for various reasons. There is, of course, the football game itself and the rooting...more

1/20/2015 - Employment Policies Football Internet Gambling Popular Social Media Social Media Policy Sports Gambling

2014/2015 Labor and Employment Observer

In This Issue: - Message from the Chair - On the Horizon: Is Obama Remaking the Workplace While Leaving Congress Behind? - The 2014 Supreme Court Decisions Every Employer Should Know - What to Expect from the...more

1/2/2015 - Affordable Care Act Barack Obama Big Data Cybersecurity E-Verify EEOC Employer Liability Issues Employer Mandates I-9 Immigration Procedures Legislative Agendas LGBT Marijuana Medical Marijuana NLRB PDA Pregnancy SCOTUS Social Media Social Media Policy Strategic Enforcement Plan Unpaid Interns Whistleblowers

It’s Still The Relationships, Stupid – 2014 Wrap Up (Part 2 of 2)

It is this same time every year, as I am wrapping things up over at “social media and employment law blog” central, that I am reminded of that election campaign more than twenty years ago when Bill Clinton coined the phrase:...more

12/22/2014 - Employer Liability Issues Social Media Policy Technology

Poetic Justice – 2014 Wrap Up (Part 1 of 2)

This is the time of year to anxiously look forward to all that is anticipated to come in 2015. But it is also the time to look back at all that has happened in 2014. Rather than simply give you links to all of my stimulating...more

12/19/2014 - Advertising Cybersecurity Data Protection Employer Liability Issues Facebook Harassment Holiday Parties NLRB RLUIPA Social Media Social Networks Text Messages Wage and Hour

“You’ve Got Served!”

Pardon my witty little play on “you’ve got mail!” from 1998. Remember when that booming AOL voice – and what was the 50th movie teaming Tom Hanks and Meg Ryan – seemingly reflected the start of the Internet communication age?...more

10/21/2014 - Employer Liability Issues Facebook Service of Process Social Media Social Networks

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