In this second part of a two-part series, Michael Schmidt discusses the FTC's new ban on non-competes from yesterday, the DOL's new overtime exemption rule from yesterday, and OSHA's recently-released "walkaround rule." Hear...more
In today's episode, Michael Schmidt is joined by Dan Pascale, Executive Vice President of Margolis Healy and Associates, to discuss how employers should be addressing today's threats and acts of violence in the workplace....more
On January 13, 2022, the U.S. Supreme Court re-issued a stay prohibiting the federal government (OSHA) from enforcing its ETS that required large employers to either mandate COVID-19 vaccines or weekly testing. Today's new...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the 6th Circuit dissolved and eliminated the prior stay of enforcement that was in place for the OSHA ETS. In this special weekend episode, Michael Schmidt breaks down the 6th Circuit's surprising...more
This episode provides the current status of all of the federal vaccine mandates (OSHA ETS, health care industry rule, and federal contractor rule), as well as an update on significant developments on the state and local...more
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...more
11/17/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Infectious Diseases ,
Lottery ,
Multidistrict Litigation ,
OSHA ,
Stays ,
Unions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In today's new episode, Mike Schmidt breaks down the primary obligations under OSHA's new ETS on mandatory vaccination and testing, provides an update on current legal challenges, and suggests what employers should be doing...more
In today's new episode, Michael Schmidt provides 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...more
On today's episode (the 100th!), Michael Schmidt talks about the latest developments with COVID-19 vaccines and mandatory vaccine policies, and is joined by his Cozen O'Connor colleague John Carrigan to discuss what...more
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...more
In today's new episode, Michael Schmidt talks 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...more
5/17/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
First Amendment ,
Free Speech ,
Health and Safety ,
Independent Contractors ,
Infectious Diseases ,
Labor Regulations ,
Masks ,
Misclassification ,
New Guidance ,
Preemption ,
Public Schools ,
School Policies ,
Sick Employees ,
Social Media Policy ,
Spouses ,
Students ,
Vaccinations ,
Workplace Safety
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, Mike Schmidt will highlight the direction these agencies...more
4/20/2021
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Handbooks ,
Employee Incentive Plans ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
NLRA ,
NLRB ,
OSHA ,
Protected Concerted Activity ,
Vaccinations ,
Workplace Safety
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....more
3/22/2021
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Paid Leave ,
State Labor Laws ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
In today's episode, Mike Schmidt is joined by his colleague and the Chair of Cozen O'Connor's OSHA Practice Group, John Ho, to talk about the new guidance (finally?) issued by OSHA on the Covid-19 pandemic. What did the...more
In today’s episode, Michael Schmidt is joined by his 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...more
In today’s new episode, Michael Schmidt is joined by a panel of five 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...more
11/16/2020
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Diversity ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Federal Contractors ,
Federal Labor Laws ,
Gig Economy ,
Health and Safety ,
Independent Contractors ,
Infectious Diseases ,
Labor Regulations ,
Misclassification ,
Relief Measures ,
Reverse Discrimination ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
The EEOC recently updated its Covid-19 guidance (on May 7, 2020) to address such issues as medical screening and testing, required reasonable accommodations, and discrimination/harassment issues. Today's new episode provides...more
5/13/2020
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Health and Safety ,
Hiring & Firing ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Workplace Safety
In today's episode, Mike Schmidt is joined by Jason Brewer, EVP of Communications and State Affairs of the Retail Industry Leaders Association (RILA) to discuss how the retail industry has been planning for the return-to-work...more
If you missed today's telephone briefing held by the United States Department of Labor (4-23-20), this new episode summarizes the key points made by Secretary Scalia and other senior DOL officials on today's call to discuss...more
In today's episode, Mike Schmidt is joined by his Cozen O'Connor colleagues Howard Schweitzer (public strategies/gov't relations) and David Barron (labor and employment) to discuss what the next federal stimulus legislation...more
On March 18, President Trump signed the new federal Coronavirus legislation providing significant changes to the FMLA and paid sick leave requirements (effective April 2, 2020). Mike Schmidt is joined in this episode by...more
3/19/2020
/ Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
New Legislation ,
Paid Leave ,
Paid Sick Leave Act ,
Paid Time Off (PTO) ,
Public Health ,
Sick Leave ,
Trump Administration ,
Wage and Hour ,
Workplace Safety
In Part 2 of 2 of this Employment Law Now episode, Mike Schmidt rebroadcasts the audio of Cozen O'Connor's 90-minute webinar in its entirety, entitled "Coronavirus and the Workplace." The discussion addresses the current...more
This special weekend episode (Part 1 of 2) summarizes brand new emergency legislation that passed the U.S. House of Representatives over the weekend that will provide immediate changes to the FMLA and paid sick leave laws for...more
3/15/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
New Legislation ,
OSHA ,
Paid Time Off (PTO) ,
Public Health ,
Sick Leave ,
Wage and Hour ,
Workplace Safety