Michael will be speaking at an upcoming event:
Webinar 12/16/2021
Cozen O'Connor attorneys will be presenting this webinar about 2021 in labor and employment challenges.
Event Details
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
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 17, 2021
Today's new episode summarizes the late-breaking developments with the 5th Circuit's extension of its stay of enforcement of the OSHA ETS, and the impact that today's Circuit Court lottery may have on the ultimate viability of the ETS.
Download this episode....
November 08, 2021
In today's new episode, I break down the primary obligations under OSHA's new ETS on mandatory vaccination and testing, provide an update on current legal challenges, and suggest what employers should be doing right now.
Download this episode....
November 02, 2021
Michael Schmidt was quoted in The Wealth Advisor discussing the latest with OSHA's ETS COVID-19 mandate.
October 29, 2021
In today's episode, I address one of the biggest challenges employers have faced with mandatory vaccine policies: religious-based accommodation requests. First, I summarize the EEOC's latest update from this week on religious-based accommodations. Second, I am joined by my Cozen O'Connor colleague,...
October 25, 2021
In today's episode, I am joined by Dr. Christina Carson-Sacco, the co-founder of The Center for Neuropsychology and Counseling, to talk about the impact that the COVID-19 pandemic has had on the mental health of employers and employees, and how all of us can better promote mental health moving...
October 19, 2021
In today's new episode, I provide an update on the anticipated vaccine ETS from OSHA, the EEOC's latest guidance on vaccine incentives, the current obligations under the NY HERO Act, and whether sex addiction is a disability under the ADA.
Download this episode....
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 14, 2021
In today's new episode, we address President Biden's new directive that OSHA issue an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate vaccines or weekly testing. We also look at the import of New York State finally designating COVID-19 as a "highly...
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 27, 2021
On today's episode (our 100th!), I talk about the latest developments with COVID-19 vaccines and mandatory vaccine policies, and am joined by my Cozen O'Connor colleague John Carrigan to discuss what California and other bellwether states are doing on the vaccine issue.
Download this...
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 29, 2021
In today's new episode, I discuss big new developments: updates on mandatory vaccine and mask policies, new action to ban non-competes, a big free speech decision, New York regulatory updates, and a proposed wage and hour rule.
Download this episode....
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.
June 01, 2021
Right at the start of the Memorial Day weekend, the EEOC issued new guidance on COVID-19 vaccine policies and incentive programs. Today's episode breaks down the Commission's answers to key questions and what it all means for employers.
Download this episode....
May 20, 2021
Today I am joined by Dan Pascale of safety and security firm Margolis Healy (a Cozen O'Connor affiliate) to identify the workplace violence and safety issues that businesses should be thinking about in 2021.
Download this episode....
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.
May 17, 2021
In today's new episode, I talk about social media and schools (and what that means for employers generally), spousal claims against employers for getting COVID-19 at home, the withdrawal of the independent contractor rule, the new New York HERO Act, and what the CDC just did to eliminate...
April 19, 2021
The past several weeks have seen significant action from the major federal agencies involved with employment law: EEOC, NLRB, DOL, and OSHA. In today's new episode, I will highlight the direction these agencies seem to be taking and am joined by Jim Sullivan, my colleague and former Chairman of the...
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 22, 2021
This episode addresses significant changes from OSHA and the DOL, the new and expanded FFCRA, and the first state to require paid leave to get vaccinated.
Download this episode....
March 10, 2021
In today's episode, I am joined by Donna Hughes, the Chief People Officer at EmblemHealth to talk about her experiences, successes, and concerns about promoting diversity and inclusion within the organization, and strategies to get buy-in from top to bottom.
Download this episode....
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 24, 2021
Evan Armstrong from the Retail Industry Leaders Association (RILA) joins me to talk about the significant PRO Act that was introduced in Congress and that will dramatically alter labor issues such as the use of mandatory arbitration agreements, the joint employer and independent contractor tests,...
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 18, 2021
Michael Schmidt was quoted in CNBC discussing employees returning to work once they are vaccinated.
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 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
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.
Download this...
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 19, 2021
In this first new episode of the year, I address the 21 employment law issues that employers should watch in 2021.
Download this episode....
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 was quoted in Employee Benefit News discussing his recommended best practices for keeping political discussions in a virtual workplace productive and civil.
October 13, 2020
Michael Schmidt joined This Morning with Gordon Deal to discuss companies welcoming employees back into the physical workplace during COVID-19.
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 interviewed on The Small Business Advocate discussing overtime rules.
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.
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 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 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 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.
Publications
November 17, 2021
Today's new episode summarizes the late-breaking developments with the 5th Circuit's extension of its stay of enforcement of the OSHA ETS, and the impact that today's Circuit Court lottery may have on the ultimate viability of the ETS.
Download this episode....
November 08, 2021
In today's new episode, I break down the primary obligations under OSHA's new ETS on mandatory vaccination and testing, provide an update on current legal challenges, and suggest what employers should be doing right now.
Download this episode....
October 29, 2021
In today's episode, I address one of the biggest challenges employers have faced with mandatory vaccine policies: religious-based accommodation requests. First, I summarize the EEOC's latest update from this week on religious-based accommodations. Second, I am joined by my Cozen O'Connor colleague,...
October 25, 2021
In today's episode, I am joined by Dr. Christina Carson-Sacco, the co-founder of The Center for Neuropsychology and Counseling, to talk about the impact that the COVID-19 pandemic has had on the mental health of employers and employees, and how all of us can better promote mental health moving...
October 19, 2021
In today's new episode, I provide an update on the anticipated vaccine ETS from OSHA, the EEOC's latest guidance on vaccine incentives, the current obligations under the NY HERO Act, and whether sex addiction is a disability under the ADA.
Download this episode....
September 14, 2021
In today's new episode, we address President Biden's new directive that OSHA issue an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate vaccines or weekly testing. We also look at the import of New York State finally designating COVID-19 as a "highly...
August 27, 2021
On today's episode (our 100th!), I talk about the latest developments with COVID-19 vaccines and mandatory vaccine policies, and am joined by my Cozen O'Connor colleague John Carrigan to discuss what California and other bellwether states are doing on the vaccine issue.
Download this...
July 29, 2021
In today's new episode, I discuss big new developments: updates on mandatory vaccine and mask policies, new action to ban non-competes, a big free speech decision, New York regulatory updates, and a proposed wage and hour rule.
Download this episode....
June 01, 2021
Right at the start of the Memorial Day weekend, the EEOC issued new guidance on COVID-19 vaccine policies and incentive programs. Today's episode breaks down the Commission's answers to key questions and what it all means for employers.
Download this episode....
May 20, 2021
Today I am joined by Dan Pascale of safety and security firm Margolis Healy (a Cozen O'Connor affiliate) to identify the workplace violence and safety issues that businesses should be thinking about in 2021.
Download this episode....
May 17, 2021
In today's new episode, I talk about social media and schools (and what that means for employers generally), spousal claims against employers for getting COVID-19 at home, the withdrawal of the independent contractor rule, the new New York HERO Act, and what the CDC just did to eliminate...
April 19, 2021
The past several weeks have seen significant action from the major federal agencies involved with employment law: EEOC, NLRB, DOL, and OSHA. In today's new episode, I will highlight the direction these agencies seem to be taking and am joined by Jim Sullivan, my colleague and former Chairman of the...
March 22, 2021
This episode addresses significant changes from OSHA and the DOL, the new and expanded FFCRA, and the first state to require paid leave to get vaccinated.
Download this episode....
March 10, 2021
In today's episode, I am joined by Donna Hughes, the Chief People Officer at EmblemHealth to talk about her experiences, successes, and concerns about promoting diversity and inclusion within the organization, and strategies to get buy-in from top to bottom.
Download this episode....
February 24, 2021
Evan Armstrong from the Retail Industry Leaders Association (RILA) joins me to talk about the significant PRO Act that was introduced in Congress and that will dramatically alter labor issues such as the use of mandatory arbitration agreements, the joint employer and independent contractor tests,...
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.
Download this...
January 19, 2021
In this first new episode of the year, I address the 21 employment law issues that employers should watch in 2021.
Download this episode....
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.
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.