Where are things right now with the injunction decisions on the FTC’s non-compete ban and the DOL’s new overtime exemption regulations? Today’s new episode provides the latest updates, while also discussing the Supreme...more
In this second part of a two-part series, Michael Schmidt discusses the FTC's new ban on non-competes from yesterday, the DOL's new overtime exemption rule from yesterday, and OSHA's recently-released "walkaround rule." Hear...more
Today's episode is the first of two parts wrapping up the big developments and trends coming out of the Summer of 2023. In this Part 1, we discuss the United States Department of Labor's proposed new overtime exemption rule:...more
As we approach the unofficial start to Summer 2022, today's new episode addresses the 10 issues that should be on the radar of all employers....more
5/31/2022
/ Americans with Disabilities Act (ADA) ,
Arbitration Agreements ,
Caregivers ,
Civil Service Reform Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Disability Discrimination ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Federal Employees ,
Federal Labor Laws ,
Hiring & Firing ,
Job Ads ,
Over-Time ,
Paid Leave ,
Pay Transparency ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
State Labor Laws ,
Title VII ,
Vaccinations ,
Wage and Hour
In this first new episode of 2020 (Season 4), we look at the 15 hot topics your company should have on your list to think about....more
1/10/2020
/ #MeToo ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Federal Labor Laws ,
Hiring & Firing ,
Human Resources Professionals ,
Independent Contractors ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
Local Ordinance ,
Minimum Salary ,
Misclassification ,
Over-Time ,
Paid Leave ,
Pay Equity Laws ,
Quickie Election Rules ,
Rulemaking Process ,
Sexual Harassment ,
State Labor Laws ,
Union Elections ,
Unions ,
Unpaid Leave ,
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
This episode looks at recent employment law developments that may make you go “hmmm”: a 4-day workweek, outright bans on mandatory arbitration and office gossip, hairstyle as a protected characteristic, and an update on the...more
3/1/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Arbitration ,
Class Action Arbitration Waivers ,
Confidentiality Agreements ,
Dress Codes ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Federal Labor Laws ,
Hostile Environment ,
Mandatory Arbitration ,
New Rules ,
Over-Time ,
Paid Leave ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
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
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
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, 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
What would you say is one of the biggest impacts on employers of this new (well, maybe, not so new) era of technology? The inability of employers to know about and keep track of time spent by employees working off premises...more