Employment Law Now: Recent Episodes
Michael Schmidt
Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis.
In this second part of a two-part series, I discuss 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 what has just happened and what it means for employers.
In this first part of a two-part series, I discuss significant recent employment law developments coming out of the primary federal agencies: The U.S. Department of Labor, the EEOC, the FTC, and OSHA. Hear what has just happened and what it means for employers.
In today's episode, current EEOC Commissioner Andrea Lucas discusses whether the Supreme Court's recent DEI ruling has changed the landscape for Title VII claims, as well as the 11 best practices that employers should consider with their DEI initiatives.
In today's special 7th anniversary episode, I bring back my inaugural and annual guest, Howard Schweitzer, to discuss the current state of politics in this election year and the impact on employers.
Today I am joined by Hope Pordy, Esq., a Partner with the law firm of Spivak Lipton in New York, who represents employees and unions in a wide range of labor and employment matters. Hope provides insight on the "employee side" of issues ranging from confidentiality, arbitration, and separation agreements to wage transparency, remote work, and social media activity. Hope also discloses what she looks for when deciding whether to take a case on behalf of a client against an employer.
In today's new episode, I interview high-level officials from the United States Department of Labor (Solicitor of Labor Seema Nanda), the United States EEOC (Commissioner Andrea Lucas), and the NLRB (General Counsel Jennifer Abruzzo) to discuss what employers can expect from their respective agencies as we close out 2023 and get ready for 2024.
In today's episode, I discuss the danger in managing to The Peter Principle, and the Top 5 issues every employer should consider including in manager training.
In this second of two parts to wrap up the Summer of 2023, I discuss the EEOC's extensive new harassment guidance and proposed regulations to implement the Pregnant Workers Fairness Act, federal AI legislation, an interesting development in the law on retaliation, and the NLRB's new/old rule on workplace policies.
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: what it says, what it does not say, and when it might effective.
I am joined by a panel that includes EEOC Commissioner Andrea Lucas and Cozen O'Connor Labor & Employment Attorneys Debra Friedman and Alan Pittler to discuss the Supreme Court's June 29, 2023 decision on affirmative action, and the implications on educational institutions AND private employer programs promoting diversity, equity, and inclusion.
Today's episode looks at the hot employment law developments of the Summer of 2023, including the Supreme Court impacting diversity, equity, and inclusion programs and the "undue hardship" defense for religious accommodation requests; the new federal Pregnant Workers Fairness Act; new rules on independent contractor and overtime exemption classifications; and the first regulation of AI hiring tools.
On today's episode, NLRB General Counsel Abruzzo talks directly about the new Memorandum she issued this week and why she believes that the proffer, maintenance, and enforcement of non-compete agreements violate the National Labor Relations Act.
Today's episode features a roundtable discussion on Artificial Intelligence and Generative A.I. from multiple perspectives that employers should be thinking about: labor and employment, corporate and privacy, intellectual property, and regulatory.
In today's new episode, I am joined by current EEOC Commissioner and Vice Chair Jocelyn Samuels to get some insight on a wide-range of topics, including public perception of the EEOC; the likely impact of pending Supreme Court decisions on religious accommodation and diversity/equity/inclusion initiatives; the new federal pregnancy accommodation rules; Covid-19 cases; and the recent federal agency partnership to combat retaliation.
On today's new episode (Part 2 of a two-part A.I. series), I am joined by economist Christine Polek, PhD from The Brattle Group to discuss Artificial Intelligence and how employers can use statistical and qualitative analyses to determine if their A.I. tools unintentionally violate anti-discrimination laws.
Today's episode is Part 1 of 2 addressing the use of Artificial Intelligence ("A.I.") in employment-related decisions. Joining me today is current EEOC Commissioner Keith Sonderling to discuss the intersection of A.I. and EEO laws, as well as how the EEOC has been addressing these important issues.
Today I am joined by NLRB General Counsel Jennifer Abruzzo to discuss the Board's February 21, 2023 decision in McLaren Macomb invalidating certain confidentiality and non-disparagement clauses in severance agreements, the retroactive and prospective impact of the decision, and whether any other severance agreement provisions may be questioned in the future.
Today's episode analyzes the NLRB's decision to invalidate standard clauses in severance agreements, a Supreme Court decision providing overtime to a highly compensated employee, guidance on remote work and the FLSA/FMLA requirements, and the trend toward a 4-day workweek.
In today's special episode, I again bring back my inaugural guest from February 1, 2017 (Howard Schweitzer, Cozen O'Connor) to talk about the state of politics and the impact on employers, as well as some prognostication about 2023 and beyond.
In this second of two parts to start the new year, I address the ten issues that employers should be thinking about in 2023.
Today's episode looks at the proposed New Year's rule issued by the FTC that would ban all non-compete agreements between employers and employees, what the next steps and likely challenges to the rule may be, and what it all means for employers.
In today's episode, I interview EEOC Commissioner Andrea Lucas, NLRB General Counsel Jennifer Abruzzo, and OSHA Assistant Secretary Douglas Parker about today's hot topics and agency initiatives.
Today's new episode looks at the five developments you need to know now, including the new proposed independent contractor rule, the EEOC's new required poster, NLRB efforts to monitor your monitoring, salary transparency rules, and election day activities.
This episode discusses the NLRB's proposed new September 2022 joint employer test in the context of the historical shifting political winds, and what it may mean for employers.
Today's new episode discusses what you may have missed during the Summer of 2022, including Covid-19 and Monkeypox updates, unlawful dress codes, an ADA first, and brand new guidance from the EEOC and DOL.
In today's episode, I offer the takeaways from the Supreme Court's June 2022 Dobbs decision overturning Roe v. Wade, and am joined by colleagues for a roundtable discussion on the impact of the decision on benefits, health care, and labor and employment law.
In today's episode, I am joined by Dan Pascale, Executive Vice President of Margolis, Healy and Associates, to discuss how employers should be addressing today's threats and acts of violence in the workplace.
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.
In today's new episode, I am joined by NLRB General Counsel Jennifer Abruzzo to discuss significant recent activity at the Board, including her position that employer "captive audience meetings" held with employees violate the National Labor Relations Act.
Congress just passed a significant new law prohibiting pre-dispute arbitration agreements (and class action waivers) for claims of sexual harassment and sexual assault. In today's new episode, I discuss what the new federal law says and what it does not say, and what employers should be thinking about.
Equal pay issues are becoming more prominent across the country, and significant new legislation in Illinois is worth noting (whether or not the company does business there). Joining me to discuss the law and its implications on equal pay trends generally are the Assistant Director of the Illinois Department of Labor, Jason Keller, and two Cozen colleagues, Jeremy Glenn and Sydney Holman.
For this 5th anniversary episode, I am joined by my guest from the very first podcast episode on February 1, 2017 (and every anniversary since), Howard Schweitzer, to talk about the state of politics on the federal, state, and local levels, and the impact on employers in 2022.
Current EEOC Commissioner Andrea Lucas joins me on the podcast today to talk about public perception of the EEOC, responding to employee religious accommodation requests, combating anti-semitism in the workplace, Covid-19 as a "disability," the benefits of mentorship, and what we can expect in 2022.
Yesterday afternoon, the U.S. Supreme Court re-issued a stay prohibiting the federal government (OSHA) from enforcing its ETS that required large employers to either mandate Covid-19 vaccines or weekly testing. Today's new episode discusses the Supreme Court's decision and the impact on employers.
Last night, December 17, 2021, the 6th Circuit dissolved and eliminated the prior stay of enforcement that was in place for the OSHA ETS. In this special weekend episode, I break down the 6th Circuit's surprising decision and what it now means for employers.
In today's episode, current EEOC Commissioner Keith Sonderling joins me to talk about the benefits, risks, and EEOC position on employer use of artificial intelligence to make employment-related decisions.
This episode provides the current status of all of the federal vaccine mandates (OSHA ETS, health care industry rule, and federal contractor rule), as well as an update on significant developments on the state and local levels.
Today's new episode summarizes the late-breaking developments with the 5th Circuit's extension of its stay of enforcement of the OSHA ETS, and the impact that today's Circuit Court lottery may have on the ultimate viability of the ETS.
In today's new episode, I break down the primary obligations under OSHA's new ETS on mandatory vaccination and testing, provide an update on current legal challenges, and suggest what employers should be doing right now.
In today's episode, I address one of the biggest challenges employers have faced with mandatory vaccine policies: religious-based accommodation requests. First, I summarize the EEOC's latest update from this week on religious-based accommodations. Second, I am joined by my Cozen colleague, Jeff Pasek, to talk about best practices and how employers should assess religious-based accommodation requests.
In today's episode, I am joined by Dr. Christina Carson-Sacco, the co-founder of The Center for Neuropsychology and Counseling, to talk about the impact that the Covid-19 pandemic has had on the mental health of employers and employees, and how all of us can better promote mental health moving forward.
In today's new episode, I provide an update on the anticipated vaccine ETS from OSHA, the EEOC's latest guidance on vaccine incentives, the current obligations under the NY HERO Act, and whether sex addiction is a disability under the ADA.
In today's new episode, we address President Biden's new directive that OSHA issue an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate vaccines or weekly testing. We also look at the import of New York State finally designating Covid-19 as a "highly contagious communicable disease."
On today's episode (our 100th!), I talk about the latest developments with Covid-19 vaccines and mandatory vaccine policies, and am joined by my Cozen colleague John Carrigan to discuss what California and other bellwether states are doing on the vaccine issue.
In today's new episode, I discuss big new developments: updates on mandatory vaccine and mask policies, new action to ban non-competes, a big free speech decision, New York regulatory updates, and a proposed wage and hour rule.
Right at the start of the Memorial Day weekend, the EEOC issued new guidance on Covid-19 vaccine policies and incentive programs. Today's episode breaks down the Commission's answers to key questions and what it all means for employers.
Today I am joined by Dan Pascale of safety and security firm Margolis Healy (a Cozen O'Connor affiliate) to identify the workplace violence and safety issues that businesses should be thinking about in 2021.
In today's new episode, I talk about social media and schools (and what that means for employers generally), spousal claims against employers for getting Covid-19 at home, the withdrawal of the independent contractor rule, the new New York HERO Act, and what the CDC just did to eliminate masks.
The past several weeks have seen significant action from the major federal agencies involved with employment law: EEOC, NLRB, DOL, and OSHA. In today's new episode, I will highlight the direction these agencies seem to be taking and am joined by Jim Sullivan, my colleague and former Chairman of the Occupational Safety & Health Review Commission, to talk about OSHA and its anticipated Covid-19 input.
This episode addresses significant changes from OSHA and the DOL, the new and expanded FFCRA, and the first state to require paid leave to get vaccinated.
In today's episode, I am joined by Donna Hughes, the Chief People Officer at EmblemHealth to talk about her experiences, successes, and concerns about promoting diversity and inclusion within the organization, and strategies to get buy-in from top to bottom.
Evan Armstrong from the Retail Industry Leaders Association (RILA) joins me to talk about the significant PRO Act that was introduced in Congress and that will dramatically alter labor issues such as the use of mandatory arbitration agreements, the joint employer and independent contractor tests, and the ability to have secondary union boycotts and "quickie elections."
Today's episode is the second of my two-part conversation with EEOC Commissioner Keith Sonderling (Part 1 released yesterday), who discusses the EEOC's enforcement priorities, the increase in use of guidance and opinion letters, hot 2021 topics (including Covid-19), and outreach and litigation avoidance resources for both employers and employees.
Today's episode is the first of a two-part conversation with EEOC Commissioner Keith Sonderling, who discusses the EEOC's enforcement priorities, the increase in use of guidance and opinion letters, hot 2021 topics (including Covid-19), and outreach and litigation avoidance resources for both employers and employees.
In today's episode, I am joined by my Cozen colleague and the Chair of our OSHA Practice Group, John Ho, to talk about the new guidance (finally?) issued by OSHA on the Covid-19 pandemic. What did the guidance say? What did it not say?
As he does every February 1st since our inaugural episode on February 1, 2017, my colleague and the CEO of my firm's Public Strategies Group, Howard Schweitzer, joins the podcast to reflect on the state of politics in DC and around the country, and what it all means for employers.
In this first new episode of the year, I address the 21 employment law issues that employers should watch in 2021.
In today's new episode, I address 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 President Trump's Executive Order on workplace diversity trainings; and (3) the long-awaited new DOL rule on employee tipping.
In today's new episode, I am joined by Andrew Howe, CPA (BerganKDV) and Steven Dickinson (Cozen O'Connor) to talk about the latest updates on the PPP loan process and requirements for businesses to apply for loan forgiveness.
Shortly after this morning's episode on mandatory vaccines (episode IV-83), the EEOC issued its long-awaited guidance on mandatory Covid-19 vaccine policies. This new episode discussed the EEOC's latest guidance and what employers should be thinking about now.
In today's episode, I am joined by my Cozen O'Connor colleagues David Barron and Howard Schweitzer to discuss the latest political and employment law implications of employers requiring employees to get the Covid-19 vaccine.
In today's new episode, I am joined by a panel of five of my partners in Cozen O'Connor's Labor and Employment Department to discuss the likely impact of a President Biden administration on key labor and employment issues.
Today's episode rebroadcasts our Cozen O'Connor webinar from yesterday, which provided an update on the 2020 Presidential election results and discussed the impact on key labor and employment issues for businesses.
In this episode, I discuss why employers should create complaint policies and procedures for wage and hour issues, and not just for harassment, discrimination, and retaliation concerns.
Just weeks before the Presidential election, the United States Department of Labor has issued a proposed new rule to define "independent contractors" for purposes of federal law. In today's new episode, I am joined by Evan Armstrong of the Retail Industry Leaders Association (RILA) to discuss the new proposed rule, its impact on retail and other industries, and the likelihood that it will become a final rule. https://workforceinnovation.net/
In today's new episode, I analyze 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 the DOL's prior regulations.
Today's new episode analyzes this morning's federal court decision that invalidates four separate (significant) portions of the U.S. Department of Labor's regulations implementing the Families First Coronavirus Response Act (FFCRA).
In today's episode, we look at how the U.S. Department of Labor is educating and enforcing the federal Covid-19 Paid Sick Leave and FMLA provisions, and what happens when an employee needs leave because a summer camp or place of care becomes unavailable.
In today's new episode, I summarize the most-recent updated guidance from the EEOC and OSHA on such issues as employee accommodations, medical screening, hazard assessments, and pandemic harassment.
In today's new episode, I am joined by Robert Snashall, who has 40 years of experience involving workers compensation matters and served as the Chair of the New York State Workers Compensation Board, to discuss the role of workers compensation in the current Covid-19 pandemic.
Today's new episode addresses the new U.S. Supreme Court decision just released that includes sexual orientation and transgender status within Title VII's protection.
In today's new episode, I identify the top 10 likely employment law claims and lawsuits that employers will face from the Covid-19 pandemic.
New guidance was just issued over the weekend on PPP loan forgiveness issues. Some questions were answered, and others remain. In today's new episode, I am joined by my Cozen colleagues Steve Dickinson and James Van Orden to explain this breaking development.
The EEOC recently updated its Covid-19 guidance (on May 7, 2020) to address such issues as medical screening and testing, required reasonable accommodations, and discrimination/harassment issues. Today's new episode provides a summary of the EEOC's new guidance.
In today's episode, I am joined by Jason Brewer, EVP of Communications and State Affairs of the Retail Industry Leaders Association (RILA) to discuss how the retail industry has been planning for the return-to-work phases and what the new "normal" might look like.
In tonight's episode, I am joined by my colleague, Dan Johns, to discuss the impact that the Covid-19 pandemic is having on union organizing and other traditional labor issues.
If you missed today's telephone briefing held by the United States Department of Labor (4-23-20), this new episode summarizes the key points made by Secretary Scalia and other senior DOL officials on today's call to discuss current Coronavirus legislation and initiatives.
In today's episode, I am joined by my Cozen colleagues Howard Schweitzer (public strategies/gov't relations) and David Barron (labor and employment) to discuss what the next federal stimulus legislation might look like, and what employers should be thinking about when bringing employees back to work.
This is Part 2 of my 2-part episode pitting employee/plaintiff-side lawyer Hope Pordy, Esq. against employer/defendant-side lawyer Jeremy Glenn, Esq. to finish debating some interesting HR topics.
This is Part 1 of a 2-Part episode that pits an employee-side (plaintiff) lawyer against an employer-side (defendant) lawyer to debate various HR and employment law issues, including such questions as the future of at-will employment, the continuing need for unions, whether telecommuting accommodations will be permanent, and whether sexual harassment initiatives in 2019 went too far. Part 2 will be released tomorrow.
BREAKING: The U.S. Department of Labor just issued its regulations to implement the new federal Covid-19 obligations on Paid Sick Leave and FMLA. In this episode, I tell you how the new regulations answer the 10 primary questions you have about the new federal requirements.
In this special weekend edition, I am having a roundtable discussion with 6 of my Cozen colleagues to discuss frequently asked questions on the following issues: (1) labor and employment considerations; (2) SBA and Treasury funding processes for small, medium and large businesses; (3) the impact on the health care industry, and (4) what might be contained in the next stimulus bill being negotiated now in DC.
In today's episode, I am joined by my colleague, David Reichenberg, to discuss the antitrust concerns that may be overlooked by businesses during this current Coronavirus outbreak.
Today I am joined by my Cozen colleague, Jennifer Williams, to answer questions relating to employers' WARN Act obligations in this current Coronavirus period.
In today's episode, I am joined by Michele Miller (Chair of our firm's West Coast Labor and Employment Group) to discuss how California is addressing Coronavirus issues for employers. While I have her, I also get a few quick thoughts on the status of California's independent contractor and arbitration initiatives.
Last night, President Trump signed the new federal Coronavirus legislation providing significant changes to the FMLA and paid sick leave requirements (effective April 2, 2020). I am joined in this episode by Howard Schweitzer, CEO of Cozen O'Connor Public Strategies, to discuss what happened this week in Washington, the impact on the November elections, and a summary of the new law's key employment-related features.
In today's Part 2 of 2 this week, I rebroadcast the audio of Cozen O'Connor's 90-minute webinar in its entirety, entitled "Coronavirus and the Workplace." The discussion addresses the current status of the outbreak, as well as OSHA, ADA and other implications for employers, and frequently asked questions arising in the workplace.
This special weekend episode (Part 1 of 2) summarizes brand new emergency legislation that passed the U.S. House of Representatives over the weekend that will provide immediate changes to the FMLA and paid sick leave laws for coronavirus-related circumstances. The episode also discusses new coronavirus guidance and alerts issued by the EEOC, the Department of Labor, and OSHA.
Today's episode looks at 6 key developments that every company should be thinking about: Coronavirus preparedness, the elimination of "at will", post-shift security check compensation, a win for salary history bans, prohibiting mandatory arbitration, and a survey on telecommuting.
Today I am joined by Dan Johns, a partner in Cozen O'Connor's Labor and Employment Department, to talk about 3 significant NLRB decisions affecting all employers in the areas of (1) employee use of company e-mail, (2) confidentiality in workplace investigations,and (3) payment of union dues.
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.
In today's episode, I am honored to be joined by Kelly Trindel, Ph.D of Pymetrics to talk about the use of artificial intelligence, machine learning, and data science in the employment recruitment process, and whether machines will be replacing us.
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.
The podcast celebrates its 50th birthday with special guest David Weisenfeld at XpertHR, who joins the conversation about LGBTQ at the Supreme Court, mandatory arbitration, ban-the-box, data analytics, and hot HR topics to watch in 2020.
On today's episode, I am joined by Rebecca Nathanson, the Director of the Anti-Retaliation Unit and Counsel to Labor Standards at the New York Department of Labor to discuss issues ranging from the Department's investigation process and retaliation, to civil and criminal enforcement of wage/hour issues and the perception that the DOL is a pro-employee agency.
In today's episode, Debbie Friedman (partner at Cozen O'Connor) joins the podcast to talk about the issues that employers should consider with their employee handbooks.
This episode offers the top 10 new employment laws coming out of New York in the first half of 2019. It is significant for New York employers AND for those employers wondering what trends will be reaching their other jurisdictions soon.
In today's Part 2 of 2 of my back-from-summer-hiatus series, I am joined by L&E attorney Sarah Kelly to discuss the critical, new EEO-1, Component 2 information that many employers MUST provide by September 30, 2019.
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.
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.
In today's new episode, experts from the Retail Industry Leaders Association and ManpowerGroup Solutions discuss how today's climate of employment regulations (including the new overtime rule, predictive scheduling, and gig economy initiatives) is affecting employee recruitment and retention, as well as the retail industry in particular.
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 your non-compete agreements.
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 new overtime rules.
This special Valentine's Day episode discusses the pros and cons of employers entering into love contracts with its employees.
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 employers' questions about the impact of the recent government shutdown on pending cases.
This episode presents Part 2 of 2 on workplace issues when employees use marijuana, and also discusses two significant developments from the NLRB involving independent contractors and individual employee gripes.
Welcome back! In this first new episode of 2019, we talk about ghosting, the most hated and irritating workplace e-mails, our Top 5 noteworthy cases you missed at the end of the year, and our Top 10 employer trends and challenges for 2019.
This episode offers a Top 10 list of thoughts to minimize problems at your company's upcoming holiday party, discusses what's in the recently-published 2018/2019 federal regulatory agenda, and highlights two noteworthy cases on employers suing (for negative online reviews) and being sued (by an employee who signed a release).
This special episode discusses the new sexual harassment training and policy requirements imposed by New York State and New York City (following a brief discussion of a significant development on joint employer liability).
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 movement, new FMLA forms, new FLSA opinions, and telling your employees what they can't eat.
As Memorial Day approaches to usher in the unofficial start of the hot summer season, today's new episode analyzes two red-hot issues: This week's Supreme Court decision on class action waivers, and the staggering rise of web site accessibility lawsuits. Joining me for the latter issue is Scott Trachtenberg, the founder and CEO of a company called ADA Site Compliance, to help break down what web site accessibility means and what your company should be doing about it.
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 cannibis.
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 (from the government), cybersecurity laws, and training managers to manage.
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 pitfalls of calculating an employee's regular and overtime rates (and the status of the "new" overtime regs), strategically using a fluctuating workweek compensation method to pay employees, and keeping up with the DOL's new rules on tipping. This episode features Mike's labor and employment colleague, Susan Eisenberg.
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 protection under the NLRA, ADA essential job functions, and sexual orientation under Title VII.
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 recent change in the test used to determine if an individual can be classified as an unpaid intern.
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 returns to grade those year 1 predictions and offer his political insight on what employers can expect in Trump year 2.
Is the Superbowl creeping into your workplace this week? Does Washington's new tax reform impact how you settle sexual harassment cases? Can you actually go to jail for signing a restrictive covenant? Is there a new kind of religious discrimination theory lurking? This episode addresses these significant new employment law issues.
From federal agency changes to anticipated developments in sexual harassment, paid leave, overtime, and marijuana use, today's episode provides ten issues that employers should resolve to understand in the New Year.
"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 relations.
Thought 2017 would end quietly? The month of December has seen several stunning decisions by the NLRB which impact Obama-era precedent, and which will impact employers and employees going forward in 2018. Joining this episode is former Associate General Counsel of the NLRB, and current attorney at Cozen O'Connor, Barry Kearney to discuss these latest developments.
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, a roundtable of benefits attorneys answers that question.
Good faith and timing means everything in employment law. This episode provides an update from DC, discusses questions employers should be asking in today's climate of troubling sexual harassment news, addresses noteworthy cases regarding the FMLA and political tweeting, and introduces an emerging claim: "intersectional discrimination."
This episode features a Top 10 list of tips to consider in order to avoid some holiday party mistakes for your company.
Today's episode provides the second of my two-part interview with David Cohen on conducting internal pay equity audits.
This episode provides an update on current DC initiatives to change joint employer and overtime exemption standards, as well as Part 1 of my two-part interview with a leading expert on conducting an internal corporate gender pay equity audit.
Today's episode discusses how to engage your employees in today's unique workplace and navigate a multi-jurisdictional set of employment laws, featuring Rick Turner, the Senior Director of Employee Experience and Diversity & Inclusion at Whirlpool Corporation.
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 "pretty" is a new protected class.
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 statements and conduct.
This episode provides an update on required EEO-1 and I-9 Forms, and addresses Employer Obligations to Employees After a Hurricane or Other Natural Disaster. Joining this episode is Cozen O'Connor attorney Jason Barsanti, who will discuss the nature of meal and rest break requirements for employers with any employees in California.
This episode addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave entitlement, and also asks whether a new trend is really beginning with microchips being embedded in employees.
This episode provides an update on the DOL's significant Request for Information on next steps for the OT exemption rules, as well as Part 2 of my sit-down interview with former EEOC General Counsel David Lopez, who continues with his thoughts on a wide range of issues, such as how the EEOC selects cases to bring, the appropriate company response when the EEOC knocks on your door, and the EEOC's thinking on transgender discrimination, corporate "look" policies, the OFCCP, and age discrimination.
This episode presents the first of two parts of a timely and topical interview with former EEOC General Counsel David Lopez, who offers his thoughts on a wide range of issues, such as how the EEOC selects cases to bring, the appropriate company response when the EEOC knocks on your door, and the EEOC's thinking on transgender discrimination, corporate "look" policies, the OFCCP, and age discrimination.
This episode addresses independent contractor misclassification, performance reviews affecting age discrimination cases, and a novel case on web site accessibility. Also: how ducks, TIEs and chimps are relevant to employment law.
This episode discusses the recent uptick in hiring bias claims, provides an update on predictive scheduling legislation, and answers questions about artificial intelligence. Joining this episode is Mastercard counsel and technology attorney Dennis Kennedy, who will discuss the role of artificial intelligence in the HR world.
This episode provides an update on the newly-appointed chairman of the NLRB, addresses noteworthy decisions and the appropriate corporate mindset in harassment and disability cases, and predicts whether certain current employment law principles will stay or go.
This episode provides an update on Senate confirmation of the new head of the US Department of Labor, and features OSHA attorney John Ho to discuss OSHA's impact on workplace issues from the general health and safety duty to violence in the workplace.
This special episode presents an interview with current NLRB General Counsel Richard Griffin, who answers questions about employer perception of the NLRB as a pro-employee agency, as well as the thinking behind recent NLRB action on social media policies and joint employment.
This episode provides an update on DC issues, and addresses how punctuation affects overtime claims, as well as the latest trends on social media and legal activities laws. Joining this episode are two corporate human resources professionals to discuss what issues keep them up at night.
This episode addresses noteworthy decisions concerning internal whistleblowers and employee FMLA abuse, as well as a significant nationwide trend involving predictive scheduling and "clopenings."
This episode provides an update on President Trump’s DOL cabinet appointment, and addresses a new joint employer test and potentially significant employment and antitrust concerns about restrictive covenants. Joining this episode is immigration attorney Scott Bettridge, who will discuss current immigration initiatives in Washington and action items for employers.
This episode addresses the recent trend on regulating applicant salary inquiries, and noteworthy developments with the DOL and Supreme Court nominees, job attendance policies, and a new form of damages under the FLSA. Joining this episode is former FBI Special Agent Austin Berglas, who will discuss the latest cybersecurity and data breach concerns for employers.
This inaugural podcast episode addresses noteworthy developments with sexual harassment, age discrimination, and class action waivers. Joining this episode is guest Howard Schweitzer, who will discuss how the new Trump administration is expected to impact employers.