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
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
“It’s the Relationships, Stupid.” This final episode of 2017 looks back at the topics and guests from volume 1 of the podcast, and somehow ties former President Bill Clinton to today’s operative premise in employer/employee...more
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
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
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
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
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
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
Ryan Seacrest paid homage again to Dick Clark. The latest musical crazes performed live from hot spots around the globe. Miley Cyrus thinks we’re still interested (for those who were at some point). They all helped us and our...more
This is the time of year to anxiously look forward to all that is anticipated to come in 2014. But it is also the time to look back at all that has happened in 2013. Rather than simply give you links to all of the stimulating...more
12/23/2013
/ Bring Your Own Device (BYOD) ,
Cybersecurity ,
Facebook ,
Free Speech ,
Hackers ,
Harassment ,
Holidays ,
Logos ,
NLRB ,
Passwords ,
Social Media ,
Wage and Hour
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
Last week began this series of five posts to highlight five developments from this past summer in the area of social media and employment law. In the final Part 5 today: The discoverability of private social media posts in...more
On March 29, 2013, New York Governor Andrew Cuomo signed legislation that will raise the New York minimum wage in staged increases over the next three years. The New York minimum wage had been the same as the federal level...more
In This Issue:
- Message from the Chair
- A Second Obama Administration’s Impact on Labor and Employment Issues
- Will There be Comprehensive Immigration Legislation After the 2012 Presidential...more
1/1/2013
/ Affordable Care Act ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hurricane Sandy ,
Immigration Reform ,
NLRB ,
OSHA ,
Same-Sex Marriage ,
Social Media ,
USERRA ,
Wage and Hour
One of the biggest employer pitfalls that I regularly discuss is the failure to pay for all hours worked by an employee when (1) the employee is performing work after hours and off premises using social media, or some...more