Recent Publication:
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...
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
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
Howard Schweiter and Michael Schmidt were quoted in SHRM about what employers have learned during the COVID-19 lockdowns.
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 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.
January 28, 2019
Benchmark Litigation has named six attorneys from Cozen O'Connor’s Labor & Employment department as Labor & Employment Stars for their respective regions.
January 07, 2019
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, was quoted in HR Dive discussing technology with the Fair Labor Standards Act.
December 13, 2018
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, spoke with Law360 about how the #MeToo movement has impacted work holiday parties.
November 18, 2018
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, was quoted in Newsday about the impact the #MeToo movement is having on company holiday parties.
October 26, 2018
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, was quoted in Law360 about costume guidelines at work Halloween parties to avoid any trouble.
October 22, 2018
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discussed with the New York Post how companies can improve the behavior at holiday parties.
October 18, 2018
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, joined the Xpert HR podcast to discuss the #MeToo movement impact on a new sexual harassment policy and training requirements in New York.
May 31, 2018
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, was quoted in The Baltimore Sun about new federal guidelines that affect intern programs.
May 22, 2018
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, was a guest on The Small Business Advocate to discuss the overtime rules under the Trump administration.
May 22, 2018
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, was interviewed on The Small Business Advocate discussing overtime rules.
April 07, 2018
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, spoke with Western Mass Women about employees engaging in political discussion at work.
March 29, 2018
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, joined Peter Cappelli and Dan O'Meara to discuss new guidelines for summer internships on Wharton Business Radio In the Workplace.
February 28, 2018
Michael Schmidt, vice chair, and David Barron, a member of Cozen O'Connor's Labor & Employment department, were quoted in Bloomberg BNA's Workforce Strategies on sexual harassment.
February 15, 2018
Cozen O’Connor’s Miami and Midtown Manhattan offices have new leaders, while the former managing partner in Miami has been elevated to a firmwide strategic role.
February 15, 2018
Cozen O’Connor is pleased to announce Michael C. Schmidt has been appointed to serve as Office Managing Partner for the firm’s New York Midtown office.
February 14, 2018
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, was quoted in Yahoo! about workplace relationships.
January 15, 2018
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, spoke with Small Business Trends about the minimum wage increases in 2018.
January 12, 2018
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, spoke with Newsday about companies offering sexual-harassment training.
November 13, 2017
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, was quoted in TheStreet about why millennials are not shy about discussing their salary with others.
October 26, 2017
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, was quoted in SHRM regarding Title VII and discrimination against men.
September 20, 2017
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, was quoted by multiple news agencies, including the Associated Press, CNBC, The Journal Gazette and The Washington Post.
September 14, 2017
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses concerted activity for mutual aid and protection on Wharton Business Radio.
August 10, 2017
Our Labor & Employment department was featured in an article by the Chicago Daily Law Bulletin.
August 09, 2017
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses this topic on the Denton Record-Chronicle.
April 25, 2017
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses how to prevent sexual harassment claims in the workplace.
March 16, 2017
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses March Madness on CBS.
December 14, 2016
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses how to keep your holiday party under control in the New York Times.
November 29, 2016
Michael Schmidt, a member of Cozen O'Connor's Labor & Employment department, discusses this issue on Bloomberg BNA.
November 23, 2016
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses if employers should continue to prepare for overtime regulations in Employee Benefit Adviser.
November 15, 2016
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses the brevity of twitter on LeftFoot.
August 25, 2016
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses resigning without notice in The Balance.
June 27, 2016
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses the overtime rule on Bloomberg BNA.
June 21, 2016
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses if it is ever okay to leave a job without notice in the Wall Street Journal.
June 15, 2016
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses talking politics at work on KING TV.
June 01, 2016
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses employer lobbying on overtime rule in SHRM.
May 01, 2016
Michael Schmidt, a member of Cozen O'Connor's Labor & Employment department, discusses the recent Yelp case in HR Magazine.
February 24, 2016
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employee department, discusses the recent firing of a Yelp employee on SHRM.org.
January 28, 2016
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses politics in the workplace on HRE Daily.
January 27, 2016
Michael Schmidt, vice chair of Cozen O'Connor's Labor and Employment department, discusses the EEOC crack down on retaliation on SHRM.org.
January 27, 2016
Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment department, discusses how political chatter in the office can spell trouble on Law.com.
January 27, 2016
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses the Healthcare HR checklist for 2016 on PreCheck.
November 17, 2015
Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses the new Ban-The-Box law and how it will affect employers. This new law seeks to ban the practice of including a check-off box on a job application that asks whether the individual has a criminal past. Michael urges employers to make sure that their job ads and hiring practices are in line with the new law and also emphasizes the importance of training hiring personnel to make sure that they are sensitive to the new regulations in place.
November 04, 2015
Michael Schmidt discusses the recent trend of more and more restaurants doing away with tipping, with the new revenue likely to come in the form of higher food and beverage prices.
August 24, 2015
Michael Schmidt offers his opinion on how the DOL could resolve the issue of determining when employees must be paid for connecting with their jobs during hours they aren't scheduled to work.
August 18, 2015
Michael Schmidt discusses how employers handle an employee's last day of work at the office.
August 14, 2015
Michael Schmidt discusses the increasing need for employers to be aware of potential overtime liability stemming from off-site, off-duty work enabled by smartphones and other technologies.
July 20, 2015
Michael Schmidt discusses the DOL’s overtime rule and how establishing email curfews can help newly nonexempt employees understand the types of work that now are off-limits.
June 19, 2015
Michael Schmidt discusses a potential rule by the Wage and Hour Division of the Department of Labor that will focus on the use of technology, including portable electronic devices, by employees away from work and outside of scheduled work hours.
April 23, 2015
Michael Schmidt, vice chair of the Labor & Employment Department, has been invited to join the Advisory Board for Bloomberg BNA’s Social Media Law & Policy Report.
April 03, 2015
In an article titled “You Can Complain About Work on Facebook – But You Shouldn’t,” Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses the specific kinds of complaints employees can make on social media that are actually protected by law, no matter your employer’s policy. “When an employee or group of employees are speaking on social media collectively about work and conditions at work, they have a right to engage in that activity according to the NLRB,” says Michael, “The NLRB considers that kind of action — connecting with your fellow employees on social media to discuss working conditions — a 'protected, concerted activity.'"
April 01, 2015
In an article titled “What to Do About Employees’ #StupidTweets,” Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses whether an employer should take action against an employee for an inappropriate tweet. Michael remarked that “assuming no outright prohibition [by the law] on disciplining the employee for the tweet, the employer also may consider both the impact that the tweet has or may have on co-workers, as well as the impact on morale if the offending employee or others perceive the employer as overly regulating employee speech and expression, particularly of a more innocuous and not patently offensive message.”
March 25, 2015
Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses lawyer blogging and what it means to be “part of the social media conversation.” He also talks about the issues of oversharing, setting goals and calculating marketing success, and why every lawyer should be on LinkedIn in an interview with the Legal Talk Network.
December 01, 2014
Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, offers 10 tips employers can follow to avoid potential legal trouble during the office holiday parties.
October 21, 2014
Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses some of the legal risks employers should consider when hosting a Halloween office party in an interview on CBS Newsradio / WSJ Radio Network.
August 26, 2014
In an article titled, ‘’Banning Wearable Tech at Work,’’ Michael Schmidt, vice chair of the firm’s Labor & Employment Department, discusses the challenge human resource departments are facing with the evolution and popularity of wearable technology (i.e. Google Glass). Michael says the main HR challenge is to find ''the proper balance between and employee’s reasonable and protected interests in communicating and depicting workplace conditions and the company’s interests in protecting its valid business interests and ensuring they have productive employees during working time.''
August 21, 2014
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment Department, discusses the intersection of social media and employment law in an interview with Dr. Jo Anne White.
August 16, 2013
In an article titled “Polish your social media policy,” Michael Schmidt, vice chair of the firm’s Labor & Employment Department, provides suggestions for creating an effective social media policy that does not infringe on employees’ rights.
July 25, 2013
In an article titled “7 Tips For Employers on Social Media Discovery,” Michael Schmidt of the firm’s Labor & Employment Group discusses how social media is a new forum of potential evidence in employment cases.
May 09, 2013
In an article titled, "FBI: Delete Passwords of Ex-Employees," The Wall Street Journal highlights the firm's Cybersecurity Conference, held on Wednesday, May 8, at the W Hotel. Trevor Cloak, Joe Dever, Greg Fliszar, Brian Gillam, Steven Haas, Mike Schmidt, Stuart Shorenstein, Matthew Siegel, Ahren Tryon and Dave Walton presented during the seminar, along with Richard Aborn, President, Citizens Crime Commission of New York City and Austin P. Berglas, Assistant Special Agent in Charge for Cyber, FBI New York Field Office. To read the WSJ article, click here.
May 02, 2013
In an article titled, ''Legal Concerns: Your Facebook Account as Evidence in a Lawsuit,'' Michael Schmidt, a member of Cozen O'Connor's Labor & Employment Department, discusses the use of social media as court evidence, and the legal duty to preserve it.
May 01, 2013
Michael Schmidt, a member of Cozen O'Connor's Labor & Employment Department, discusses the application of new and existing regulations in the context of social media in an article titled, ''The Risks and Rewards of Social Media – Regulators and Plaintiffs Take Aim at Companies’ Use of Social Media.'' ''It’s so easy for companies using social media to disclose and talk about things that used to be tightly controlled before they were disclosed to the public,'' Schmidt says. ''But agencies are becoming increasingly vigilant about applying their existing rules to what a company can and can’t say in this new context.''
January 28, 2013
Michael Schmidt, a member of Cozen O'Connor's Labor & Employment Department, discusses leave-related issues and medical conditions in an article titled ''Medical Information Not Confidential If Disclosed in Response to General Inquiry.''
January 23, 2013
Michael Schmidt, a member in the firm’s Labor & Employment group, was quoted in an article published in the Human Resource Executive Online titled “Breaking Down the EEOC's Plan.”
December 14, 2012
Michael Schmidt argues that employers need to tread carefully before taking action against an employee for misuse of social media in, “Tips on Social Media's Legal Minefields.”
Publications
February 18, 2021
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...
February 17, 2021
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...
February 04, 2021
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?
Download this episode....
February 01, 2021
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.
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January 19, 2021
In this first new episode of the year, I address the 21 employment law issues that employers should watch in 2021.
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December 28, 2020
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...
December 18, 2020
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.
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December 16, 2020
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.
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December 16, 2020
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.
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November 16, 2020
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.
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November 06, 2020
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.
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November 03, 2020
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.
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October 05, 2020
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...
September 14, 2020
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.
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August 04, 2020
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).
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July 07, 2020
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.
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June 23, 2020
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.
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June 17, 2020
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.
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June 16, 2020
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.
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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.
June 08, 2020
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.
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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.
December 15, 2017
Michael Schmidt, vice chair and Jennifer Queliz, an associate of Cozen O'Connor's Labor & Employment department wrote in New York Law Journal about New York's trend of enacting laws and regulations at both the state and local levels.
May 30, 2017
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment Department, discusses the end of overtime pay in Law360.
December 23, 2016
Michael C. Schmidt discusses the legal landscape in 2016 and how the Trump administration might impact various aspects of workplace issues.
October 28, 2016
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses best practices in Hotel Business Review.
October 25, 2016
The FTC and the DOJ jointly released Antitrust Guidance for Human Resources Professionals, advising that, going forward, the DOJ intends to criminally investigate companies who agree with competitor(s) to fix wages or other terms of employment or enter into so-called “no-poaching” agreements by agreeing not to recruit each other’s employees.
September 08, 2016
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses political speech in the workplace in Corporate Counsel.
July 28, 2016
Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment practice, discusses the consequences of political discussion in the workplace.
July 07, 2016
Michael Schmidt, vice chair of Labor & Employment department, discusses how portable device work will be affected by the DOL agenda in Law360.
January 06, 2016
The 2015/2016 Labor and Employment Observer looks back at significant developments in labor and employment law over the past year and forward to what employers can expect in 2016.
December 17, 2015
Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses how New York’s new wage deduction law will affect employees.
December 08, 2015
Here are the top five new laws signed by Governor Andrew Cuomo that are designed to continue the push toward pay equity, expand legal protections against workplace discrimination, and otherwise further regulate the employer-employee relationship.
November 17, 2015
Michael Schmidt discusses the new Ban-The-Box law and how it will affect employers.
July 23, 2015
Michael Schmidt offers tips to employers to avoid violating the Department of Labor’s recently proposed rule of changing overtime regulations.
April 02, 2015
In an article titled “Trick Or Tweet: The Perils Of Punishing Employee Posts,” Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses a company’s ability to take some form of employment-related action in response to an employee’s negative social media post while maintaining compliance with guidance of the National Labor Relations Board.
December 31, 2014
The 2014/2015 Labor and Employment Observer looks back at significant developments in labor and employment law over the past year and forward to what employers can expect in 2015.
October 20, 2014
In an article titled ‘’Internships: Worthwhile Programs or Liability Traps,’’ Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses the recent surge in lawsuits brought on behalf of a company’s current (and former) unpaid interns and the steps companies can take in order to avoid such litigation.
September 08, 2014
Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, authored an article for Law360 titled, “5 Things To Consider Before Posting Social Media Policies.” The article addresses the need for employers to develop an appropriate mindset when it comes to managing social media use by their employees and creating their social media policies and practices. Michael reviews five common workplace issues and explores the National Labor Relations Board’s position on each.
July 15, 2014
In an article published in Bloomberg BNA, Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment Department, advises on the "Do's and Don'ts" of company social media policies and reviews recent NLRB positions on five common workplace issues.
May 06, 2014
Michael Schmidt, vice chair of Cozen O’Connor’s Labor and Employment Department, and Jason A. Cabrera, associate in the Labor and Employment Department, co-authored an article for The Legal Intelligencer titled, “Restricted Covenants in the Internet Age.” The article discusses the impact of social media on restrictive convents.
April 18, 2014
There are two trends that continue to gain steam in the employment law world: an increase in employee protections by the new Mayor De Blasio administration in New York City, and an increase in employment law claims made by interns. Both trends have come together in a new law affecting New York City employers beginning on June 14, 2014.
January 17, 2014
Employers operating in New York City should be reminded of two significant additions to the checklist of employment obligations that will become effective in the coming weeks.
January 01, 2014
We are pleased to provide you with our 2013/2014 Observer, which looks back at the developments in labor and employment law over the past year and forward to what employers can expect in 2014.
October 16, 2013
Most employers tend to focus on federal law as a source of labor and employment obligations. However, employers should also pay careful attention to state and local laws on workplace issues. The first half of this month has already seen two significant developments in New York.
July 03, 2013
The scene is not uncommon, a beautiful hotel with several floors of luxurious rooms, restaurants and bars, and cascading waterfalls out at the pool. It is not your typical office, yet it is critical that hotel employers understand that the men and women who work in this setting are employees and that the hotel is a workplace. So, as informal, perhaps even as romantic, as the scene may be, employment laws proscribing harassment in the workplace apply in hotels as equally as they do in a medical practice, a law firm or an insurance brokerage house.
May 01, 2013
During Barack Obama’s first term as president, most of his pro-employee legislative agenda was stymied by Congress. Undeterred, the Obama Administration turned to administrative agencies such as the Department of Labor, National Labor Relations Board, and the Equal Employment Opportunity Commission to move forward its workplace agenda. The stakes continue to be high for employers during President Obama’s second term, particularly in the diversity-focused areas of equal employment opportunity and immigration.
April 02, 2013
On March 29, 2013, New York Governor Andrew Cuomo signed legislation that will raise the New York minimum wage in staged increases over the next three years.
March 27, 2013
One of Barack Obama’s first actions when he became president was to sign the Lilly Ledbetter Fair Pay Act of 2009, resetting the statute of limitations each paycheck for equal-pay gender discrimination lawsuits and making it easier for employees to pursue them.
March 19, 2013
The New York City Council continues to grow the chasm that exists between New York City employment law and its state and federal counterparts. Specifically, on March 13, 2013, the council overwhelmingly enacted (by a 43-4 vote) a local law that precludes employers and employment agencies from refusing to consider or hire an applicant because he or she is unemployed, and from posting advertisements that require job applicants to be employed. This comes less than a month after New York City Mayor Michael Bloomberg initially vetoed the legislation, which now is set to become effective on June 11, 2013.
January 01, 2013
We are pleased to provide you with our 2012/2013 Observer, which looks back at the developments in labor and employment law over the past year and forward to what employers can expect in 2013.
December 01, 2012
How much information would you like to have about your employees before you make a decision about whether to hire or fire them? If you had access to all public and private information about them at the click of a mouse, would you seize the opportunity? Be careful what you wish for.
September 18, 2012
Governor Andrew Cuomo (D-N.Y.) just made things a little easier for employers. Effective November 6, 2012, employers in New York will have greater flexibility when it comes to permissible deductions from employee wages.
October 24, 2011
The National Labor Relations Act was enacted in 1935 to protect trade unionists from unfair labor practices by employers, and afford employees a greater ability to organize and collectively bargain. Social media entered the scene approximately 60 years later, when society (including the labor work force) recognized the ease and benefit of engaging in collective activity without ever leaving one's computer keyboard.
July 01, 2011
Our Summer 2011 Labor and Employment Law Observer covers topics of interest to in-house counsel, human resources professionals and corporate management.
March 29, 2011
Effective next week (April 9, 2011), employers must comply with significant, substantive, and procedural obligations in New York’s new Wage Theft Prevention Act (Act). This alert highlights the new requirements, which apply to virtually every company that employs individuals in New York. While many of these new obligations will cause administrative and logistical headaches, the potential consequences for failing to comply have increased as well.
March 04, 2011
On Tuesday, March 1, 2011, the U.S. Supreme Court issued a unanimous decision in the long-awaited “cat’s paw” case of Staub v. Proctor Hospital. The decision will likely broaden the permissible theories under which a current or former employee might bring a discrimination lawsuit against a company. It may also serve as another cautionary tale for those who use social media for employment-related decisions.
October 28, 2010
We are pleased to present the latest edition of the Labor and Employment Observer. We hope you find this issue both useful and informative.
September 24, 2010
Employers in New York have taken great comfort over the years in citing the ''at will'' nature of an employee's job status when taking virtually any action ranging from discipline, to a diminution of salary or job responsibilities to outright termination. New York has generally been considered a pro-employer jurisdiction, with employees often having to clear high hurdles before circumventing the cornucopia of legal precedent.
September 09, 2010
The first enactment establishes a test to determine if a construction industry worker is an independent contractor or an employee, and is entitled “The New York State Construction Industry Fair Play Act.”
July 01, 2010
Our Summer 2010 Labor and Employment Law Observer covers topics of interest to in-house counsel, human resources professionals and corporate management.
March 01, 2010
Our Winter 2010 Labor & Employment Law Observer covers a multitude of topics of interest to in-house counsel, human resources professionals and corporate management.
December 17, 2009
The United States Supreme Court has agreed to hear an appeal of a case in which a federal appeals court ruled that an employer violated an employee’s right to privacy when it audited his text messages and found sexually explicit and otherwise personal messages. The implications of the Supreme Court’s ruling will be significant.
November 23, 2009
The Internal Revenue Service (“IRS”) has determined to perform its most expansive and widespread audit initiative in recent history. Beginning in early 2010, the IRS will audit the federal tax returns of 6,000 companies to assess compliance with tax and labor regulations. This new audit initiative will be conducted in three phases, with the IRS studying the tax returns of 2,000 companies in each of 2010, 2011 and 2012.
November 03, 2009
As we rapidly approach the end of 2009, it is clear that wage and hour lawsuits continue to make up a large portion of all new cases filed in federal court.
October 22, 2009
Bosses who ''friend'' their subordinates on social networking sites may seem warm and harmless, but they've got liability risk written all over them. So warn employment lawyers.
October 01, 2009
We are pleased to present the latest edition of the Labor and Employment Observer. We hope you find this issue both useful and informative.
September 14, 2009
New York employers must now comply with new notice obligations owed to employees, and also must now consider tougher penalty provisions for violations of New York's wage and hour laws.
September 08, 2009
Given the present state of the economy, employers are looking for ways to reduce costs and overhead. One way a company may choose to save money is to classify current workers or new hires as independent contractors rather than employees, but misclassifying employees - even unintentionally - can prove to be extremely expensive for employers, opening them up to administrative fines and penalties as well as costly private lawsuits.
August 13, 2009
Employers looking to save money and avoid layoffs by classifying workers as independent contractors are facing heightened scrutiny by federal and state work force agencies, whose own coffers are shrinking the rise of the U.S. jobless rate and the consequent decline in payroll taxes.
August 10, 2009
Despite recent news that the economy may have finally bottomed out, businesses small and large continue to look for ways to reduce costs. One method has been to retain independent contractors in lieu of employees and to reclassify current employees as independent contractors.
June 22, 2009
Times are tough. Employers in the hotel and hospitality industries are not immune from the impact that the weakened economy has on their personnel issues. In order to minimize the legal tsunami that can result from economy-driven employment decisions that are made, it is critical for hotel and hospitality employers to take appropriate steps to minimize potential legal exposure.
June 01, 2009
Our Spring 2009 Labor and Employment Law Observer covers a multitude of topics of interest to in-house counsel, human resources professionals and corporate management. Many of these articles are particularly timely given the changing political climate and our increasingly technology driven society.
January 01, 2009
Our Winter 2009 Labor and Employment Law Observer covers a multitude of topics of interest to -in-house counsel, human resource professionals and corporate management. Many of these articles are particularly timely given the changing political climate and current difficult economic environment.
December 08, 2008
Times are tough. The weakened economy has spared few industries, causing companies big and small to re-examine their personnel needs and make tough decisions. hard times require businesses to strengthen their resolve to avoid the legal tsunami that can result from such economy-driven decisions. This article sets forth the best practices to help your company minimize its potential exposure in five primary areas.
August 01, 2008
As we have passed the mid-way point of 2008, it is clear that wage and hour lawsuits continue to dominate a large portion of all new cases filed in court each day. This noticeable surge will continue, if not further increase, as current and former employees claim in increasing numbers that they have been classified improperly as ''exempt'' employees and thus are owed overtime premium pay.
June 25, 2008
On June 10, 2008, the New York Court of Appeals issued a decision that is significant for the financial services industry, the real estate and insurance brokerage industries, and any other industry or employer that compensates its New York employees in whole or in part on a commission basis. Specifically, the Court of Appeals decided in Pachter v. Bernard Hodes Group, Inc. that New York Labor Law provisions governing the payment of wages and commissions
February 29, 2008
Our Winter 2008 Labor and Employment Law Observer covers a multitude of topics of interest to in-house counsel, human resource professionals and corporate management. Recently, President Bush signed the National Defense Authorization Act into law, which expands the FMLA to provide enhanced leave for families of military personnel. Additionally, in mid-February 2008, the Department of Labor propounded new proposed regulations regarding the FMLA. Moreover, in late February, the Supreme Court weighed in on the use of ''me too'' evidence during trials.
November 01, 2007
As of October 16, 2007, New York law has been amended to require that the terms of employment for all commissioned salespersons be put in writing.
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