Like every February 1st since the inaugural episode on February 1, 2017, Mike Schmidt is joined by his colleague and the CEO of Cozen O'Connor Public Strategies, Howard Schweitzer, to reflect on the state of politics in DC...more
In today’s new episode, Mike Schmidt addresses three quick hits for the holiday week: (1) the implications of Congress’ failure to extend the expiring FFCRA requirements; (2) a federal court preliminarily striking down...more
In today’s new episode, Mike Schmidt analyzes the new regulations issued by the United States Department of Labor on Friday, September 11, 2020 in response to the federal court’s August 2020 decision invalidating portions of...more
9/14/2020
/ Administrative Procedure Act ,
Child Care ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
Families First Coronavirus Response Act (FFCRA) ,
Health Care Providers ,
Intermittent Leave ,
New Regulations ,
Paid Leave ,
Remote Working ,
Required Documentation ,
Sick Employees ,
Sick Leave ,
Trump Administration ,
Work Availability Requirement
On March 18, President Trump signed the new federal Coronavirus legislation providing significant changes to the FMLA and paid sick leave requirements (effective April 2, 2020). Mike Schmidt is joined in this episode by...more
3/19/2020
/ Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
New Legislation ,
Paid Leave ,
Paid Sick Leave Act ,
Paid Time Off (PTO) ,
Public Health ,
Sick Leave ,
Trump Administration ,
Wage and Hour ,
Workplace Safety
For my 3rd anniversary special episode, I am joined once again by Howard Schweitzer to talk all things Trump and politics, and the current and future impact on business and employers....more
For our special 2nd anniversary episode, we bring back our inaugural guest, Howard Schweitzer, to talk about the current state of politics and the impact on employers. We also discuss how the EEOC has chosen to answer...more
2/8/2019
/ Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Government Shutdown ,
Immigration Reform ,
Labor Reform ,
Labor Relations ,
Legislative Agendas ,
Political Parties ,
Regulatory Oversight ,
Tax Reform ,
Trump Administration ,
USCIS
This episode begins a two-part bonus series looking at the impact of recent marijuana regulation on employers. Today’s part one episode features a roundtable discussion on the policies and politics of cannabis....more
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
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
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
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
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
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