Michael C. Schmidt

Vice Chair, Labor & Employment Department

Recent Publication:

VIII-141 - DEI Perspectives From EEOC Commissioner Andrea Lucas [Employment Law Now Blog]

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. 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.

Experience

News

Law Firms Are Getting a Wake-up Call as Division Over Diversity Roils America’s Cultural Debate

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.

Reminder to HR: Holiday Parties Are Lawsuits Waiting to Happen

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.

The Fight Over Return-to-Office Is Turning Into a Disability Dispute

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.

Lawdragon Names Six Cozen O’Connor Attorneys To Its Annual List Of Leading Corporate Employment Lawyers

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.

Super Lawyers Recognizes 27 Cozen O’Connor Attorneys in New York

September 22, 2023

Thirteen attorneys were recognized as Super Lawyers and 14 were named “Rising Stars.”

Commute Accommodations for Disabilities Spur Federal Court Rift

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.

EEOC Deal In AI Suit May Be Tip Of Enforcement Iceberg

August 11, 2023

Michael Schmidt was quoted in Law360 discussing the EEOC's interest in artificial intelligence when used for hiring.

Hybrid Work Policies Reinforce 'Caste System' Among Lawyers and Staff

July 21, 2023

Vincent McGuinness and Michael Schmidt spoke with The American Lawyer about the challenges law firms face with hybrid work.

DoorDash Tests Gig-Economy Model With New Hourly Wage Option

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.

Experts say employers lag in sexual harassment prevention training

July 12, 2023

Michael Schmidt was quoted in Business Insurance discussing employers needing to update their sexual harassment policy.

Your Non-compete Might Be Illegal: NLRB Turns Up Heat for Rank-and-File Workers

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.

Employers are more exposed to A.I.-related lawsuits in the workplace. Here’s how to protect your company

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.

To Mandate or to Suggest? Law Firms Weigh Hybrid Policy Approaches

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.

Companies Can’t Demand Silence for Severance, So Do This Before Signing

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.

Is a noncompete clause holding you back? The law may be changing

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.

Employers Can No Longer Mute Departing Workers

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.

The public takes aim at "un-American" noncompetes

January 20, 2023

Michael Schmidt spoke with Axios about the Federal Trade Commission's proposed rule banning employers from using noncompete agreements.

What the proposed ban on noncompete clauses means for you

January 11, 2023

Michael Schmidt was quoted in Automobil News discussing the FTC's proposed ban on noncompete clauses.

Noncompete Ban Tees Up 1st Test Of FTC's Rule Powers

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.

GovExec Daily: Holiday Parties in the Age of COVID-19

December 02, 2022

Michael Schmidt joined the GovExec Daily podcast to discuss how organizations can stay safe while celebrating the holidays.

NYC Employers Adapting to Pay Transparency Law

November 15, 2022

Michael Schmidt was quoted in SHRM discussing New York City's newly enact pay transparency law.

Cozen O’Connor’s Michael Schmidt Honored with Innovation Award from New York Law Journal

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.

Innovation: Michael Schmidt, partner, Cozen O’Connor

October 03, 2022

Michael Schmidt spoke with the New York Law Journal about his time using innovation as an attorney.

21 Cozen O’Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

October 03, 2022

Super Lawyers has named 21 Cozen O'Connor attorneys to its 2022 New York Metro Super Lawyers and Rising Stars lists.

CEOs: Should You Be Publicly Weighing-in on Layoffs?

August 30, 2022

Michael Schmidt was quoted in Talent Management discussing the risks a CEO is making with a public statement about layoffs.

Lawdragon Names Six Cozen O’Connor Attorneys Among The Top 500 Leading U.S. Corporate Employment Lawyers

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.

Signing Bonuses Have Some Drawbacks

March 07, 2022

Michael Schmidt spoke with SHRM about the challenges employers face when an employee signs a signing bonus.

How employers can help their employees feel safe when returning to the office

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.

What To Consider Before Firing Vaccine-Averse Employees

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.

Mixed response from businesses after SCOTUS ruling on vaccine mandates

January 14, 2022

Michael Schmidt spoke with NBC News about COVID-19 vaccine mandates at work.

A key question as SCOTUS weighs vaccine rule for businesses: What if unvaccinated workers can’t find COVID-19 tests?

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.

High Court To Scrutinize Vaccine Rules As 2022 Kicks Off

January 03, 2022

Michael Schmidt was quoted in Law360 discussing OSHA's emergency rule of the COVID-19 vaccine mandate.

Lawdragon Names six Cozen O’Connor Attorneys Among the Top 500 Leading U.S. Corporate Employment Lawyers

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.

Vaccine Mandates: Supreme Court Likely to Weigh in 'Before This Pandemic is Over'

November 02, 2021

Michael Schmidt was quoted in The Wealth Advisor discussing the latest with OSHA's ETS COVID-19 mandate.

Super Lawyers Recognizes 17 Cozen O’Connor Attorneys in New York

October 04, 2021

Super Lawyers has named 17 Cozen O’Connor attorneys to its 2021 New York Super Lawyers and Rising Stars list.

Want a medical exemption for the COVID-19 vaccine? Good luck with that.

September 23, 2021

Michael Schmidt spoke with CBS News about COVID-19 exemptions for employees.

Cozen O’Connor Attorney Michael Schmidt Elected Fellow of The College of Labor and Employment Lawyers

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.

FDA vaccine approval is good news for markets, employment, economy

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.

4 Things To Know About COVID 'Long-Haulers' At Work

August 13, 2021

Michael Schmidt spoke to Law360 Pulse to discuss the challenges employers face with employees with long-term COVID-19 symptoms.

Forget Government Mandates. Companies Are Calling the Shots

August 12, 2021

Michael Schmidt was quoted in U.S. News discussing businesses enforcing COVID-19 vaccine mandates.

Won't get a COVID vaccine? Some bosses may charge you $20 to $50 more for health insurance on every paycheck

August 10, 2021

Michael Schmidt was quoted in Press From discussing mandating the COVID-19 vaccine in the workplace.

Michael Schmidt on KCOL

August 05, 2021

Michael Schmidt joined KCOL-AM in Denver, Colorado to discuss rules on masks in the workplace.

Private Employers Wrestle With Trying To Vaccinate Their Workforce

July 30, 2021

Michael Schmidt joined NPR to discuss employers mandating the COVID-19 vaccine.

Managers will have to enforce rules for unvaccinated employees, and it won't be easy

July 28, 2021

Michael Schmidt was quoted in CNN Business discussing how to handle unvaccinated employees.

Michael Schmidt Honored by The National Law Journal

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.

What to say if a job interviewer asks:

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.

Navigating the new hybrid workplace

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.

Goldman Sachs memo stirs up debate on employee vaccinations

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.

University of Pennsylvania Health System makes rare move to require COVID-19 vaccines for employees

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.

Can You Be Fired for Not Returning to the Office?

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.

How to Convince Employees to Keep Wearing Masks

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.

JD Supra Selects Four Cozen O’Connor Attorneys as Top Authors

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.

Can an Employer Fire Workers Who Are Scared to Return to the Office?

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.

Vaccinated or not, many workers want to remain remote

February 18, 2021

Michael Schmidt was quoted in CNBC discussing employees returning to work once they are vaccinated.

Cozen O’Connor Announces Changes to Firm Management

February 16, 2021

Cozen O’Connor is pleased to announce the following changes in firm leadership positions for the 2021 year.

Cozen O’Connor Moves into Premier Office Space at 3 World Trade Center

February 09, 2021

Move Consolidates Employees and Becomes the Firm’s Flagship Manhattan Office

3 Tips For Handling This Year's Minimum Wage Increases

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.

Lessons Learned from COVID-19 Lockdowns

January 22, 2021

Howard Schweiter and Michael Schmidt were quoted in SHRM about what employers have learned during the COVID-19 lockdowns.

4 Things NY Law Firm Leaders Are Thinking About In 2021

January 04, 2021

Michael Schmidt was quoted in Law360 discussing the challenges employers face when employees return to the office.

Can Your Employer Force You To Get Vaccinated?

December 10, 2020

Michael Schmidt discussed with Bay News 9 about if an employer can require their employees to get the COVID-19 vaccine.

Vaccine resisters could derail Island's COVID-19 recovery, experts say

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.

How to Talk to Employees About Their Holiday Plans

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.

A COVID-19 Vaccine Looks Promising. Can You Require Employees to Take It?

November 12, 2020

Michael Schmidt spoke with Inc. about whether or not employers can require employees to take a COVID-19 vaccine.

Being Proactive Can Reduce COVID-19 Liability

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.

Boosting employee productivity after an election roller coaster

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.

How To Make Election Day Go Smoothly: 4 Tips For Employers

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.

How Employers Can Keep Their Employees Protected from COVID in the Workplace?

October 13, 2020

Michael Schmidt joined This Morning with Gordon Deal to discuss companies welcoming employees back into the physical workplace during COVID-19.

Talking politics in a digital workplace: 7 ways to keep it civil

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.

Super Lawyers Recognizes 21 Cozen O’Connor Attorneys in New York

September 29, 2020

Super Lawyers has named 21 Cozen O’Connor attorneys to its 2020 New York Super Lawyers and Rising Stars list.

As businesses reopen, workers face a new challenge: getting in the door

July 24, 2020

Michael Schmidt was quoted in Newsday discussing COVID-19 screening for returning to work.

How companies can step up to make workplaces diverse, inclusive

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.

Michael Schmidt Recognized by JD Supra

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.

What does it mean to be furloughed?

April 01, 2020

Michael Schmidt talked with CNN about why a company may do a furlough and what furlough workers should need to know.

The Pros and Cons of Unlimited PTO

February 10, 2020

Michael Schmidt discussed with HR Daily Advisor the downsides and benefits for employers that offer unlimited PTO.

The no-no of asking job hopefuls about salary history

September 08, 2019

Michael Schmidt was quote in Newsday discussing salary history during the interview process.

To hug or not to hug: A 5-step guide to embracing at work

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.

Workplace Ethics: "Keep Your Opinions to Yourself"

July 12, 2019

Michael Schmidt spoke with KPRC AM 950 about social media commentary by employees.

Publications

VIII-141 - DEI Perspectives From EEOC Commissioner Andrea Lucas [Employment Law Now Blog]

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. Download this episode....

VIII-140 - 7th Anniversary Episode: The Current State of Politics for Employers [Employment Law Now Blog]

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. Download this episode....

VII-139 - An Interview With an Employee-Side Attorney on L&E Issues [Employment Law Now Blog]

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...

VII-138 - An Interview With the DOL, EEOC, and NLRB [Employment Law Now Blog]

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...

VII-137 - Training Managers to Manage and Avoiding The Peter Principle [Employment Law Now Blog]

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. Download this episode....

New Law in NY Prohibits Certain Employee Invention Assignment Agreements [Alert]

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.

VII-136 - Summer 2023 Wrap-Up Part 2 [Employment Law Now Blog]

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...

VII-135-Summer 2023 Wrap-Up Part 1 (NEW DOL OVERTIME RULE) [Employment Law Now Blog]

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...

VII-134-Panel Discussion on Supreme Court's Affirmative Action Ruling and the Impact on Employer DEI Programs [Employment Law Now Blog]

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...

VII-133 - Hot Summer Employment Law Developments [Employment Law Now Blog]

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...

New York Assembly Passes Bill to Ban Non-Competes [Alert]

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.

VII-132 - An Interview With NLRB GC Jennifer Abruzzo on Non-Compete Agreements [Employment Law Now Blog]

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. Download this episode....

VII-131 - Roundtable Discussion (Multi-Practice) of A.I. and Generative A.I. for Employers [Employment Law Now Blog]

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. Download this episode....

VII-130- An Interview With EEOC Commissioner (Vice Chair) Jocelyn Samuels [Employment Law Now Blog]

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...

State and Local Legislators Are the ‘Tail Wagging the Dog’ When It Comes to Federal Employment Litigation Impacting Retailers [Retail Industry Leaders Association]

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.

VII-129 - Part 2 of 2: A.I. in the Workplace (An Interview w/ Economist Christine Polek PhD) [Employment Law Now Blog]

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...

VII-128 - Part 1 of 2: A.I. in the Workplace (An Interview w/ EEOC Commissioner Sonderling) [Employment Law Now Blog]

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...

VII-127-Interview with NLRB General Counsel Abruzzo on Invalidating Severance Agreement Provisions [Employment Law Now Blog]

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...

VII-126 - Invalidating Severance Agreements (and Other Important Developments) [Employment Law Now Blog]

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. Download this...

VII-125 - Special Anniversary Episode: The State of Politics and the Impact on Employers [Employment Law Now Blog]

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...

VII-124 - Top 10 (Other) Labor and Employment Issues to Think About in 2023 [Employment Law Now Blog]

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. Download this episode....

VII-123 - A Complete Ban on All Non-Competes? [Employment Law Now Blog]

January 09, 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. Download this episode....

VI-122 - Interviews With EEOC, NLRB, OSHA [Employment Law Now Blog]

November 15, 2022

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. Download this episode....

New York Return-To-Work Safety Plan Checklist

June 10, 2020

Michael Schmidt addressed best practices for New York employers to return to work from the COVID-19 pandemic.

NYC Council Considers Legislation to End At-Will Employment in the Fast Food Industry [Alert]

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.

Proceed with Caution: Halloween is the Unofficial Start of the Office Party Season [New Jersey Business]

October 30, 2019

Michael Schmidt discussed how employers can control an office party to avoid legal pitfalls.

Events & Seminars

Upcoming Events

Employment Law Update: Marijuana and Drug Testing in the Workplace

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.

Past Events

Managing the Workplace in an Election Year

January 25, 2024 - Webinar

NY Law Update

April 18, 2023 - Philadelphia, PA

Update on Vaccine Mandates

January 13, 2022 - Webinar

COVID-19 Update

January 10, 2022 - Webinar

Employment Litigation Year in Review

December 14, 2021 - Webinar

Latest Update on OSHA Vaccination Mandate

November 18, 2021 - Webinar

Wishing the Legal Industry Well

October 12, 2021 - Webinar

What the Stimulus Means for Your Company

March 31, 2020 - Webinar

Education

  • Hofstra University School of Law, J.D., 1993
  • Brandeis University, B.A., 1990

Awards & Honors

Benchmark Labor & Employment Star for the Northeast

New York Metro Super Lawyers, 2020 - Present

The National Law Journal Employment Law Trailblazer, 2021

Fellow, College of Labor and Employment Lawyers

Lawdragon Top Leading U.S. Corporate Employment Lawyers, 2021-2024

Legal Professional Excellence Awards - Innovation, 2022

  • New York
  • New York Court of Appeals
  • New York Supreme Court
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Northern District of New York
  • U.S. District Court -- Southern District of New York
  • American Bar Association
  • New York State Bar Association