Good faith and timing means everything in employment law. This episode of Employment Law Now provides an update from DC, discusses questions employers should be asking in today’s climate of troubling sexual harassment news,...more
12/4/2017
/ Complaint Procedures ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Good Faith ,
Hiring & Firing ,
NLRB ,
Obscenity ,
Protected Class ,
Sexual Harassment ,
Social Media ,
Social Media Policy ,
Termination ,
Title VII ,
Unemployment Benefits ,
Workplace Harassment Guidance ,
Zero Tolerance Policies
Michael Schmidt's latest episode of Employment Law Now features a Top 10 list of tips to consider in order to avoid some holiday party mistakes for your company....more
Michael Schmidt's latest episode provides the second of his two-part interview with David Cohen on conducting internal pay equity audits....more
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
Michael Schmidt, vice chair of Cozen O'Connor’s Labor & Employment Department, discusses how to engage your employees in today’s unique workplace and navigate a multi-jurisdictional set of employment laws. This episode...more
10/23/2017
/ Code of Conduct ,
Discipline ,
Diversity ,
Employee Engagement ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Human Resources Professionals ,
Political Expression ,
Productivity ,
Recruitment Policies ,
Reputation Management ,
Social Media Policy ,
Surveys ,
Technology ,
Termination ,
Workplace Communication
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
This episode replays an interview of the podcast host, Mike Schmidt, that was originally aired on SiriusXM Channel 111, The Business Channel. Mike discusses the nature of adverse actions taken by employers due to employee...more
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 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
8/21/2017
/ Americans with Disabilities Act (ADA) ,
But For Causation ,
Confidential Information ,
Covered Employer ,
Employee Handbooks ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Macy's ,
Mixed Motive Cases ,
NLRA ,
NLRB ,
Paid Leave ,
Popular ,
Protected Concerted Activity ,
Retaliation ,
Social Media Policy ,
Standard of Proof ,
Termination ,
Unpaid Leave ,
UPS ,
Voluntary Participation
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
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
7/20/2017
/ Anti-Discrimination Policies ,
Compliance ,
Dress Codes ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Harassment ,
Hiring & Firing ,
LGBTQ ,
Popular ,
Pregnancy Discrimination ,
Religious Clothing ,
Religious Discrimination ,
Retaliation ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation ,
Strategic Enforcement Plan ,
Title VII
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
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
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
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 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
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
“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
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
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
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
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
“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
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
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