Recent Publication:
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.
Download this episode....
Mike is the vice chair of the firm’s Labor & Employment Department, and the office managing partner of the New York office. For more than 25 years, Mike has assisted businesses and their management teams throughout the United States accomplish their goals through litigation, negotiation, and day-to-day counseling.
Mike is a trial lawyer who represents employers in federal and state courts, in arbitration, and before government agencies on issues including discrimination, harassment, and retaliation; wage and hour, including class and collective actions; FMLA, ADA, and other federal, state, and local leave obligations; breach of contract; whistleblowing, including SOX and other laws; restrictive covenants, non-competes, and non-solicits; social media use; WARN; Families First Coronavirus Response Act (FFCRA) and other COVID-19 legislation; and other employment law matters.
Mike provides in-person and web-based employment law training to corporate executives, managers/supervisors, HR professionals, and other employees on employment law requirements and trends, including cultural sensitivity in the workplace; harassment, discrimination, and retaliation; the use and pitfalls of social media; accommodation and leave-related issues; manager ABCs; and other customized issues unique to the organization.
He is also a legal and business counselor providing day-to-day advice to employers on all employment law issues from hiring to firing. Mike drafts and reviews employment and severance agreements; reduction-in-force plans; employee handbooks and individual policies; non-compete and non-solicit agreements; and other documents used in conjunction with the employer-employee relationship.
Mike is part of the firm's 2020 Coronavirus Taskforce and conducts COVID-19-specific webinars and podcasts and counsels employers on return-to-work, WARN, COVID-19 legislation, and other pandemic issues. He also created an employer COVID-19 toolkit of templates and policies and other checklists and documents.
He is the founder and host of the podcast Employment Law Now since February 2017, bringing listeners the latest trends and developments in employment law and which is available on iTunes and Spotify. The podcast won the 2020 JD Supra Readers Choice Award for Top Podcast and Thought Leadership on employer liability issues. Mike is regularly invited to speak at national conferences and webinars, including the ABA, AELC, NELI, and industry/trade associations, on television and radio/internet programs, and regularly quoted in national and local journals and newspapers on employment law developments and trends.
Beyond his regular client practice, Mike serves as the chairman of the board of directors of After-School All-Stars of New York, the New York chapter of a national charitable organization founded by Arnold Schwarzenegger in the mid-1990s to provide after-school and summer programs for inner-city youth. He also spends significant time providing pro bono counsel to various organizations and individuals who are less able to afford representation in times of need.
Mike earned his undergraduate degree, with honors, from Brandeis University in 1990. He earned his law degree, with distinction, from Hofstra University School of Law in 1993, where he was a notes and comments editor of the Hofstra Law Review.
News
December 08, 2023
Michael Schmidt was quoted in an American Bar Association Journal article discussing the U.S. Supreme Court’s rejection of affirmative action in college admissions in Students for Fair Admissions v. Harvard, which is now being used to target law firms’ diversity initiatives.
December 05, 2023
Michael Schmidt was quoted in an Employee Benefit News article discussing the increased risk of behaviors like harassment and discrimination as more companies plan on having in-person holiday parties.
November 07, 2023
Michael Schmidt was quoted in a Wall Street Journal article discussing the increase of disability discrimination charges filed in federal and state agencies resulting from return to office mandates.
September 27, 2023
Lawdragon has named six members of Cozen O’Connor’s Labor & Employment Department to its annual list of Leading U.S. Corporate Employment Lawyers.
September 22, 2023
Thirteen attorneys were recognized as Super Lawyers and 14 were named “Rising Stars.”
September 01, 2023
Michael Schmidt was quoted in Bloomberg Law discussing the recent decision by the U.S. Court of Appeals for the Seventh Circuit joining the Second and Third Circuits in holding that the Americans with Disabilities Act can require an employer to accommodate a disabled worker in getting to and from work.
August 11, 2023
Michael Schmidt was quoted in Law360 discussing the EEOC's interest in artificial intelligence when used for hiring.
July 21, 2023
Vincent McGuinness and Michael Schmidt spoke with The American Lawyer about the challenges law firms face with hybrid work.
July 18, 2023
Michael Schmidt was quoted in Bloomberg Law discussing how DoorDash now offers hourly pay for its drivers and what that means for worker classification.
July 12, 2023
Michael Schmidt was quoted in Business Insurance discussing employers needing to update their sexual harassment policy.
June 16, 2023
Michael Schmidt was quoted in the New Jersey Law Journal discussing the National Labor Relations Board's memo warning that employment noncompete clauses for nonmanagerial employers are illegal.
June 12, 2023
Michael Schmidt spoke with Fortune about a New York City law that will go into effect in July that is targeted to protect job candidates from potential biases in the recruiting process.
April 20, 2023
Vincent McGuinness and Michael Schmidt spoke with The American Lawyer about the challenges of getting employees back in the office and the impact of remote work.
March 16, 2023
Michael Schmidt was quoted in The Muse discussing a ruling by the NLRB that restricts companies from demanding silence from laid-off employees through confidentiality, non-disclosure, and non-disparagement provisions in their severance agreements.
March 12, 2023
Michael Schmidt was quoted in the New York Post discussing the Federal Trade Commission's proposed rule which would ban employers from using noncompete agreements.
March 06, 2023
Michael Schmidt was quoted in Inc. discussing the National Labor Relations Board overturning a 2020 ruling that allowed employers to make confidentiality and non-disparagement clauses a binding part of severance agreements.
January 20, 2023
Michael Schmidt spoke with Axios about the Federal Trade Commission's proposed rule banning employers from using noncompete agreements.
January 11, 2023
Michael Schmidt was quoted in Automobil News discussing the FTC's proposed ban on noncompete clauses.
January 05, 2023
Michael Schmidt was quoted in Law360 discussing the Federal Trade Commission's new proposal to ban all noncompete agreements employers impose on their workers.
December 02, 2022
Michael Schmidt joined the GovExec Daily podcast to discuss how organizations can stay safe while celebrating the holidays.
November 15, 2022
Michael Schmidt was quoted in SHRM discussing New York City's newly enact pay transparency law.
October 11, 2022
The New York Law Journal has honored Michael Schmidt, vice chair of the Cozen O’Connor national Labor & Employment Department and New York office managing partner, with a 2022 “Professional Excellence Innovation Award” for the creative use of technology in his practice.
October 03, 2022
Michael Schmidt spoke with the New York Law Journal about his time using innovation as an attorney.
October 03, 2022
Super Lawyers has named 21 Cozen O'Connor attorneys to its 2022 New York Metro Super Lawyers and Rising Stars lists.
August 30, 2022
Michael Schmidt was quoted in Talent Management discussing the risks a CEO is making with a public statement about layoffs.
August 24, 2022
Lawdragon has named six members of Cozen O’Connor’s Labor & Employment Department to its 2022 list of the Top 500 Leading U.S. Corporate Employment Lawyers.
March 07, 2022
Michael Schmidt spoke with SHRM about the challenges employers face when an employee signs a signing bonus.
February 17, 2022
Michael Schmidt joined This Morning with Gordon Deal to discuss how employers can help their employees feel safe when returning to the office.
February 16, 2022
Michael Schmidt spoke with Law360 about New York City's recent firing of more than 1,400 workers who refused COVID-19 vaccinations.
January 14, 2022
Michael Schmidt spoke with NBC News about COVID-19 vaccine mandates at work.
January 07, 2022
Michael Schmidt spoke with Market Watch about the challenges employers face with unvaccinated employees and the lack of COVID-19 testing availability.
January 03, 2022
Michael Schmidt was quoted in Law360 discussing OSHA's emergency rule of the COVID-19 vaccine mandate.
November 19, 2021
Lawdragon has named six members of Cozen O’Connor’s Labor & Employment Department to its 2021 list of the Top 500 Leading U.S. Corporate Employment Lawyers.
November 02, 2021
Michael Schmidt was quoted in The Wealth Advisor discussing the latest with OSHA's ETS COVID-19 mandate.
October 04, 2021
Super Lawyers has named 17 Cozen O’Connor attorneys to its 2021 New York Super Lawyers and Rising Stars list.
September 23, 2021
Michael Schmidt spoke with CBS News about COVID-19 exemptions for employees.
September 02, 2021
Michael Schmidt, vice-chair of Cozen O’Connor’s national Labor & Employment Department, has been elected a fellow in The College of Labor and Employment Lawyers.
August 23, 2021
Michael Schmidt was quoted in NBC News discussing the FDA's approval of the Pfizer-BioNTech's two-dose COVID-19 vaccine.
August 13, 2021
Michael Schmidt spoke to Law360 Pulse to discuss the challenges employers face with employees with long-term COVID-19 symptoms.
August 12, 2021
Michael Schmidt was quoted in U.S. News discussing businesses enforcing COVID-19 vaccine mandates.
August 10, 2021
Michael Schmidt was quoted in Press From discussing mandating the COVID-19 vaccine in the workplace.
August 05, 2021
Michael Schmidt joined KCOL-AM in Denver, Colorado to discuss rules on masks in the workplace.
July 30, 2021
Michael Schmidt joined NPR to discuss employers mandating the COVID-19 vaccine.
July 28, 2021
Michael Schmidt was quoted in CNN Business discussing how to handle unvaccinated employees.
July 21, 2021
Michael Schmidt, vice chair of Cozen O'Connor’s Labor & Employment Department, was named an Employment Law Trailblazer by The National Law Journal for 2021.
July 14, 2021
Michael Schmidt was quoted in Biz Instant discussing how employers should handle a job candidate asking about location preference in the interview.
June 16, 2021
Michael Schmidt joined This Morning with Gordon Deal to discuss what employers and employees can expect when they head back to the office.
June 11, 2021
Michael Schmidt was quoted in NBC News discussing how some companies have little appetite for the potential legal and public relations headaches related to vaccination mandates.
May 20, 2021
Michael Schmidt spoke to the Philadelphia Inquirer about the University of Pennsylvania Health System requiring all employees to be vaccinated against COVID-19 by September 1.
April 15, 2021
Michael Schmidt joined the Bloomberg Law podcast to discuss the legal and practical implications of employees not wanting to return to the office after working remotely.
April 06, 2021
Michael Schmidt was quoted in SHRM discussing the challenges that employers face when vaccinated employees want to stop wearing masks at work.
April 05, 2021
Cozen O’Connor is pleased to announce that Bernard Nash and Lori Kalani, co-chairs of the firm’s State Attorneys General practice, Michael Schmidt, vice chair of the firm’s Labor & Employment Department, and Rachel Welford, an attorney in the firm’s Transportation & Trade Group have been selected as top authors for JD Supra’s 2021 Readers’ Choice Awards for their thought leadership on key topics during 2020.
March 01, 2021
Howard Schweitzer and Michael Schmidt were quoted in SHRM discussing what businesses should do if an employee refuses to come back to work when they re-open.
February 18, 2021
Michael Schmidt was quoted in CNBC discussing employees returning to work once they are vaccinated.
February 16, 2021
Cozen O’Connor is pleased to announce the following changes in firm leadership positions for the 2021 year.
February 09, 2021
Move Consolidates Employees and Becomes the Firm’s Flagship Manhattan Office
January 22, 2021
Michael Schmidt was quoted in Law360 discussing how the new minimum wage laws can differ greatly across jurisdictions, so it's important to know which one applies where.
January 22, 2021
Howard Schweiter and Michael Schmidt were quoted in SHRM about what employers have learned during the COVID-19 lockdowns.
January 04, 2021
Michael Schmidt was quoted in Law360 discussing the challenges employers face when employees return to the office.
December 10, 2020
Michael Schmidt discussed with Bay News 9 about if an employer can require their employees to get the COVID-19 vaccine.
November 29, 2020
Michael Schmidt was quoted in Newsday discussing how state and federal agencies haven't provided clear guidance on whether a business can require workers to get the COVID-19 vaccine.
November 27, 2020
Michael Schmidt was quoted in Inc. discussing if employers can ask their employees to change their holiday plans during the COVID-19 pandemic.
November 12, 2020
Michael Schmidt spoke with Inc. about whether or not employers can require employees to take a COVID-19 vaccine.
November 10, 2020
Michael Schmidt was quoted in New Jersey Business discussing how companies can reduce their liability in the workplace with well-thought-out safety policies and informed employees.
November 09, 2020
Michael Schmidt was quoted in Employee Benefit News discussing boundaries managers need to set for employees to express themselves about the election and COVID-19.
October 26, 2020
Michael Schmidt spoke with Law360 about how business can make sure that Election Day goes off without a hitch in the office.
October 13, 2020
Michael Schmidt joined This Morning with Gordon Deal to discuss companies welcoming employees back into the physical workplace during COVID-19.
October 13, 2020
Michael Schmidt was quoted in Employee Benefit News discussing his recommended best practices for keeping political discussions in a virtual workplace productive and civil.
September 29, 2020
Super Lawyers has named 21 Cozen O’Connor attorneys to its 2020 New York Super Lawyers and Rising Stars list.
July 24, 2020
Michael Schmidt was quoted in Newsday discussing COVID-19 screening for returning to work.
June 14, 2020
Michael Schmidt was quoted in the New York Post discussing an architecture firm that removed any unconscious bias from recruiters for their summer intern hiring process.
May 11, 2020
Michael Schmidt was named to the 2020 JD Supra Readers’ Choice Awards, which acknowledges the top authors and firms for their thought leadership in key topics the previous year.
April 01, 2020
Michael Schmidt talked with CNN about why a company may do a furlough and what furlough workers should need to know.
February 10, 2020
Michael Schmidt discussed with HR Daily Advisor the downsides and benefits for employers that offer unlimited PTO.
September 08, 2019
Michael Schmidt was quote in Newsday discussing salary history during the interview process.
July 13, 2019
Michael Schmidt discussed with CNN about how during the era of #MeToo, employers and workers are paying more attention to their actions in the workplace.
July 12, 2019
Michael Schmidt spoke with KPRC AM 950 about social media commentary by employees.
Publications
April 24, 2024
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.
Download this episode....
April 22, 2024
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. Here what has just happened and what it means for employers.
Download this episode....
March 01, 2024
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.
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February 07, 2024
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.
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November 22, 2023
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...
November 06, 2023
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...
October 30, 2023
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.
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October 16, 2023
Michael Schmidt discusses the new law that will impact long-held policies and practices and require employers to review their policies and form agreements.
October 02, 2023
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...
September 05, 2023
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 be...
August 29, 2023
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...
July 17, 2023
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...
June 22, 2023
On June 20, 2023, the New York State Assembly passed S3100A (Ryan)/A1278B (Joyner) on non-compete agreements and certain restrictive covenants.
June 02, 2023
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.
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May 23, 2023
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.
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May 03, 2023
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...
April 19, 2023
Michael Schmidt, Steven Millman, and Austin Dieter authored an article about the unprecedented number of state and local laws that retail employers face.
April 11, 2023
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...
March 28, 2023
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...
March 09, 2023
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...
February 27, 2023
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.
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February 01, 2023
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.
Download this episode...
January 17, 2023
In this second of two parts to start the new year, I address the ten issues that employers should be thinking about in 2023.
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June 10, 2020
Michael Schmidt addressed best practices for New York employers to return to work from the COVID-19 pandemic.
February 11, 2020
Katie Schwab discusses two new bills in New York City impacting fast food employers and employees. A hearing on the bills is scheduled for February 13.
October 30, 2019
Michael Schmidt discussed how employers can control an office party to avoid legal pitfalls.
Events & Seminars
Upcoming Events
April 25, 2024
- Webinar
Abigail Green, Aaron Holt, Jeffrey Klamut, and Michael Schmidt will present "Employment Law Update: Marijuana and Drug Testing in the Workplace," providing some of the latest federal, state, and local developments on drug testing and best practices for employers considering the testing of applicants and employees for marijuana and other drugs.
June 06, 2024
- New York, NY
Michael Schmidt will present “Overcoming the ‘Peter Principle’: Training Your Managers to Manage and Avoid Risk” at the New York City Chapter of the Association of Corporate Counsel 2024 General Counsel Toolkit Conference.
Past Events
January 25, 2024
- Webinar
December 19, 2023
- Webinar
August 24, 2023
- Webinar
August 01, 2023
- Webinar
June 20, 2023
- New York, NY
April 18, 2023
- Philadelphia, PA
January 31, 2023
- Webinar
January 20, 2023
- Webinar
November 29, 2022
- Webinar
November 22, 2022
- Webinar
November 16, 2022
- New York, NY
November 15, 2022
- Webinar
November 02, 2022
- Webinar
September 21, 2022
- Chicago, IL
September 19, 2022
- New York, NY
August 04, 2022
- Webinar
August 04, 2022
- New York, NY
January 26, 2022
- Webinar
January 13, 2022
- Webinar
January 10, 2022
- Webinar
December 16, 2021
- Webinar
December 14, 2021
- Webinar
November 18, 2021
- Webinar
October 15, 2021
- Webinar
October 12, 2021
- Webinar
October 05, 2021
- Webinar
September 15, 2021
- Webinar
September 09, 2021
- Webinar
August 24, 2021
- Webinar
August 19, 2021
- Webinar
February 18, 2021
- Webinar
February 11, 2021
- Webinar
January 28, 2021
- Webinar
December 17, 2020
- Webinar
December 03, 2020
- Webinar
November 05, 2020
- Webinar
October 22, 2020
- Webinar
September 17, 2020
- Webinar
August 27, 2020
- Webinar
August 20, 2020
- Webinar