We begin the second half of 2019 with the 1st of 2 parts on significant employment law trends and cases, including new DOL opinion letters, obesity as a disability, and natural hairstyle as a protected class....more
Today's episode discusses FIVE new opinion letters and proposed rules issued by the United States Department of Labor that offer much-needed help to the employment community on issues of significance....more
4/25/2019
/ Bonuses ,
Comment Period ,
Community Service ,
Department of Labor (DOL) ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Joint Employers ,
NLRB ,
Opinion Letter ,
Paid Time Off (PTO) ,
Proposed Rules ,
Rate of Pay ,
Voluntary Participation ,
Wage and Hour ,
White-Collar Exemptions
This episode outlines the key components of the U.S. Department of Labor’s new proposed overtime rule. Also, antitrust attorney David Reichenberg joins to discuss the antitrust issues that cannot be ignored when looking at...more
3/18/2019
/ Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Criminal Liability ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Exempt-Employees ,
Hiring & Firing ,
Minimum Salary ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Wage and Hour ,
White-Collar Exemptions
We're back! This brand new episode addresses the 10 developments you may have missed from this past summer of 2018, including employees secretly recording the workplace, new non-compete legislation, the unstoppable #MeToo...more
9/11/2018
/ #MeToo ,
Administrative Law Judge (ALJ) ,
Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Disability Discrimination ,
Employee Handbooks ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
New Legislation ,
NLRB ,
Non-Compete Agreements ,
Opinion Letter ,
Paid Time Off (PTO) ,
Protected Concerted Activity ,
Restrictive Covenants ,
Sexual Harassment ,
Social Media Policy ,
State Labor Laws ,
Video Recordings ,
Wage and Hour
This episode flashes back to 1980's 9 to 5 workplace, and then goes back to the future to compare today's workplace of emoji harassment, a new game-changing overtime exemption rule, the 1st ever employer antitrust complaint...more
4/17/2018
/ Attorney General ,
Burden of Proof ,
Car Dealerships ,
Competition ,
Cybersecurity ,
Data Breach ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Emoji ,
Emotional Distress Damages ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Labor Law Violations ,
Memorandum of Guidance ,
Navarro v Encino Motorcars ,
No-Poaching ,
Non-Compete Agreements ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
SCOTUS ,
Service Advisors ,
Sexual Harassment ,
State Data Breach Notification Statutes ,
State Labor Laws ,
Statutory Construction Test ,
Voluntary Self-Audit ,
Wage and Hour ,
Workplace Communication ,
Workplace Harassment Guidance
Wage and hour issues continue to keep employers up at night, with new lawsuits and potential exposure not diminishing any time soon. Today’s episode tackles three important questions in this area: the meaning and potential...more
4/6/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Fluctuating Workweek ,
Hospitality Industry ,
Liquidated Damages ,
Minimum Wage ,
New Rules ,
Non-Exempt Employees ,
Over-Time ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Trump Administration ,
Voluntary Self-Audit ,
Wage and Hour ,
White-Collar Exemptions
This episode welcomes the start of Spring by addressing hot labor and employment developments on e-mail curfews, the DOL’s new voluntary self-audit program, social media discovery in lawsuits, employees losing their...more
Is your company thinking about your summer (and other) internship program? This episode presents an interview that Mike just gave on the Sirius XM Wharton Business Channel to discuss the United States Department of Labor’s...more
Happy Anniversary! This podcast started one year ago today on February 1, 2017 with Howard Schweitzer prognosticating about what employers can expect with a new President Trump Administration. One year to the day, Howard...more
2/1/2018
/ Class Action Arbitration Waivers ,
Confidentiality Agreements ,
Corporate Taxes ,
Department of Labor (DOL) ,
Franchisee ,
Franchises ,
Immigration Reform ,
Infrastructure ,
Job Duties ,
Joint Employers ,
Minimum Wage ,
NLRB ,
Over-Time ,
Salary/Wage History ,
State and Local Government ,
Tax Reform ,
Trump Administration
From federal agency changes to anticipated developments in sexual harassment, paid leave, overtime, and marijuana use, this episode of Employment Law Now provides ten issues that employers should resolve to understand in the...more
1/8/2018
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Arbitration ,
Class Action Arbitration Waivers ,
Confidentiality Agreements ,
Cybersecurity ,
Department of Labor (DOL) ,
Drug Testing ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Family and Medical Leave Act (FMLA) ,
FMLA Abuse ,
Freedom of Religion ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Internal Audit Functions ,
IRS ,
Marijuana ,
Maternity Leave ,
NLRB ,
Over-Time ,
Paid Leave ,
Paternity Leave ,
Primary Beneficiary Test ,
Protected Class ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Tax Reform ,
Transgender
From tax and health care reform to employee wellness programs to even handheld electronic devices, why should your company be interested in today's hot benefits issues? In today's episode of Employment Law Now, a roundtable...more
12/12/2017
/ 401k ,
Cybersecurity ,
Department of Labor (DOL) ,
Elder Care ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Tracking ,
Employer Liability Issues ,
Fees ,
Fiduciary Rule ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Savings Accounts ,
Human Resources Professionals ,
Pensions ,
Retirement Plan ,
Wellness Programs
This episode of Employment Law Now provides an update on current DC initiatives to change joint employer and overtime exemption standards, as well as Part 1 of a two-part interview with a leading expert on conducting an...more
11/8/2017
/ Compliance ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Pay ,
Equity Compensation ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Fair Pay Act ,
Federal Contractors ,
Gender Equity ,
Internal Audit Functions ,
Joint Employers ,
NLRA ,
Over-Time ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Paycheck Fairness Act ,
Salary/Wage History ,
Silicon Valley ,
Standard Duties Test ,
Threshold Requirements ,
Trump Administration
This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more
10/9/2017
/ Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
Athletes ,
Class Action ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Football ,
Gender Discrimination ,
Hiring & Firing ,
Human Resources Professionals ,
Joint Employers ,
Judicial Deference ,
Lawful Activities Act ,
Leave of Absence ,
Medical Leave ,
Motion to Dismiss ,
NFL ,
Non-Compete Agreements ,
Over-Time ,
Political Expression ,
Protected Class ,
Public Comment ,
Reasonable Accommodation ,
Request For Information ,
Rest and Meal Break ,
Restrictive Covenants ,
Reversal ,
SCOTUS ,
Sexual Orientation ,
Termination ,
Time Restrictions ,
Tip Credit ,
Title VII ,
Trump Administration ,
Wage and Hour ,
Workplace Romances
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
9/5/2017
/ Collective Bargaining Agreements (CBA) ,
Compliance ,
Department of Labor (DOL) ,
EEO-1 ,
Employer Liability Issues ,
Exempt-Employees ,
Family and Medical Leave Act (FMLA) ,
Fluctuating Workweek ,
Form I-9 ,
Human Resources Professionals ,
Hurricane Harvey ,
Leave of Absence ,
Natural Disasters ,
Non-Exempt Employees ,
OMB ,
On-Call Employees ,
On-Duty Meal Period Waivers ,
Rest and Meal Break ,
Unions ,
USCIS ,
Wage and Hour ,
Wage Orders
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
8/4/2017
/ ADEA ,
Age Discrimination ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Exempt-Employees ,
LGBTQ ,
Minimum Salary ,
Over-Time ,
Request For Information ,
Salary/Wage History ,
SCOTUS ,
Sex Discrimination ,
Standard Duties Test ,
Title VII ,
Transgender ,
Wage and Hour
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
1/12/2017
/ 21st Century Cures Initiative ,
Affordable Care Act ,
Ambush Election Rules ,
Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
Antitrust Provisions ,
Arbitration ,
Asset Seizure ,
Ban the Box ,
Blacklist ,
Browning-Ferris Industries of California Inc. ,
Criminal Investigations ,
DACA ,
Decriminalization of Marijuana ,
Defend Trade Secrets Act (DTSA) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Disability Discrimination ,
Dream Act ,
E-Verify ,
EB-5 ,
EB-5 Regional Centers ,
Educational Institutions ,
EEO-1 ,
Email Policies ,
Employee Definition ,
Employee Handbooks ,
Employee Restrooms ,
Employees ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Foreign Workers ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Graduate Students ,
H-1B ,
Healthcare ,
Hospitals ,
HRA ,
Immigrants ,
Immigration Reform ,
Independent Contractors ,
Intellectual Property Protection ,
Joint Employers ,
Management Rights Clauses ,
Marijuana ,
Medical Marijuana ,
Mexico ,
Minimum Salary ,
Minimum Wage ,
Misclassification ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Obama Administration ,
OFCCP ,
Over-Time ,
Pay Transparency ,
Persuader Rules ,
Protected Activity ,
Right to Strike ,
Section 7 ,
Sick Leave ,
Small Business ,
Staffing Agencies ,
Teaching Assistants ,
Trump Administration ,
Unions ,
USCIS ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers ,
White-Collar Exemptions ,
Witness Statements
“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
“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
In This Issue:
Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a...more
1/7/2014
/ Affirmative Action ,
Background Checks ,
Big Data ,
Causation ,
D.R. Horton ,
Department of Labor (DOL) ,
Disability ,
Discrimination ,
ENDA ,
Family and Medical Leave Act (FMLA) ,
Minimum Wage ,
OFCCP ,
Religious Discrimination ,
Same-Sex Marriage ,
SCOTUS ,
Social Media ,
Unpaid Interns ,
US v Windsor ,
UT Southwestern Medical v Nassar ,
Veterans ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)