Employment Law Now

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis.

IX-167- A Conversation With EEOC Chair Andrea Lucas

EEOC Chair Andrea Lucas joins me on this new episode to talk about the first 11 months of the President Trump Administration 2.0, including the state of illegal DEI, her views on the EEOC's harassment guidance and Final Rule implementing the Pregnant Workers Fairness Act, transgender discrimination, anti-American discrimination, and where the EEOC may be heading for the remainder of her term.

11-21
50:26

IX-166 - What L&E Did This Past Summer

This new episode highlights a few of the biggest L&E developments from the Summer of 2025, including from the DOL and EEOC, and on such hot topics as DEI-related discrimination, the FTC's non-compete proposal, and AI laws.

09-08
35:32

IX-165 - What's Going On With Employment Law Trends

Today's episode updates the latest trends in employment law, including changes with the EEOC's focus and makeup, rulemaking ping-pong with the DOL's independent contractor and overtime exemption rules, bucking the trend with non-compete legislation, and regulating "moonlighting."

05-19
38:14

IX-164 - New DEI Executive Order Update and Response to EEOC Guidance

Today's episode provides the latest update on the ping-pong court decisions involving President Trump's DEI Executive Orders, and the noteworthy response to the EEOC's new guidance on DEI-related discrimination and harassment.

04-07
29:12

IX-163 - Trump 2.0: The Mexico Perspective

I am joined by Claudio Martinez Santistevan, a lawyer from the Mexico-based law firm of De La Vega & Martinez Rojas to discuss Mexico's perspectives on the first few months of President Trump's second term and how this administration's initiatives are viewed.

04-02
44:08

IX-162 - Update on DEI Executive Orders and New EEOC Guidance

Today's episode provides the latest update on court litigation involving President Trump's DEI Executive Orders, and analyzes the EEOC's brand new guidance on what constitutes "illegal DEI."

03-21
39:33

IX-161 - Update on Trump DEI Executive Orders and Federal Agencies

Today's episode provides the latest update on the implementation of President Trump's DEI Executive Orders, and the state of flux in which federal agencies currently sit.

02-24
25:13

IX-160 - Trump 2.0 Immigration Policy and Employer Best Practices

Today I am joined by two of my immigration law partners, Scott Bettridge and David Adams, to discuss the new immigration policy and initiatives under President Trump's 2.0 administration, and how employers should prepare for and respond to I-9 audits and ICE raids.

02-14
56:28

IX-159 - 8th Anniversary Special: The Current State of Politics for Employers

This is our 8th anniversary special episode (starting from February 1, 2017), and I am joined as usual each anniversary by Howard Schweitzer to discuss Trump 2.0 and the current state of politics for employers.

02-03
43:35

VIII-158 - DEI Developments and Executive Coaching

In today's episode, I provide an update on the Trump 2.0 initial activity in the DEI area, and am joined by Donna Hughes of Hughes Solutions to discuss the administration's DEI activity and the nature of, and benefits of, executive coaching to improve workplace culture.

01-28
52:49

VIII-157 - Top 5 L&E Issues to Watch in 2025

It's another new year, and like prior years, today's episode identifies the 5 biggest labor and employment questions and issues that employers should be watching in 2025.

01-13
25:50

VIII-156 - The Art, Skill, and Strategy of Mediation

Today I am joined by Jason Marsili of Marsili Mediation to discuss the often over-looked art and skill involved with mediation, and the important considerations for employers when determining whether, when, and why to mediate a dispute.

12-03
59:41

VIII-155 - The Trump 2.0 Impact on Labor and Employment Law

For this Thanksgiving week episode, I am joined by several of my Cozen O'Connor colleagues to discuss the likely impact of President Trump's second administration on such L&E issues as federal agency regulation and initiatives generally (David Barron), the NLRB and union activity (Kelly Kindig), Immigration (David Adams), Artificial Intelligence (Jeff Klamut), and OSHA and workplace safety (John Ho).

11-27
01:16:14

VIII-154 - Court Invalidates DOL's 2024 Overtime Salary Threshold Increases

This past Friday, November 15, 2024, a federal court in Texas struck down on a nationwide basis the U.S. Department of Labor's 2024 regulations that significantly increased the minimum salary thresholds for federal law overtime exempt status. Today's episode discusses the court's rationale and what is next for employers in light of Friday's decision.

11-18
24:18

VIII-153 - NLRB General Counsel on Illegal "Stay or Pay" Employee Agreements

NLRB General Counsel Jennifer Abruzzo joins me today to discuss her latest memorandum finding that "stay or pay" provisions in employee agreements constitute illegal noncompetes under the National Labor Relations Act.

11-11
32:23

VIII-152 - Part 2 of 2 on the Pregnant Workers Fairness Act (Attorney Interview)

In this second of my two-part series on the federal Pregnant Workers Fairness Act (PWFA), I am joined by my Cozen O'Connor colleague, Debbie Friedman, to discuss the scope of the PWFA from a practicing attorney's viewpoint and how employers should address common situations under that law.

11-07
32:23

VIII-151 - EEOC Commissioner Interview: Part 1 of 2 on the Pregnant Workers Fairness Act

In this first of two parts on the federal Pregnant Workers Fairness Act (PWFA), current Vice Chair of the EEOC Jocelyn Samuels discusses the regulations implementing the PWFA and how the PWFA differs from Title VII and the ADA, the common themes in the EEOC charges filed alleging violations of the PWFA, and some practical tips for employers to comply with the PWFA.

11-01
52:21

VIII-150 - The FTC Noncompete Rule is Dead: What Now?

In this special 150th podcast episode, I am joined by my Cozen O'Connor colleagues David Barron and Jim Gale to discuss what is left of the FTC noncompete rule, if anything, and what employers should be doing next with the rule in the rearview mirror.

09-09
50:55

VIII-149 - Part 2 of 2: The Final Interview With EEOC Commissioner Keith Sonderling

Today is Part 2 of 2, following yesterday's episode. As his term as EEOC Commissioner ended at the end of August 2024, (former) EEOC Commissioner Keith Sonderling joined the podcast one last time to discuss a wide range of important employment issues, including court deference to federal agencies, the use of agency opinion letters, continued initiatives with Covid-19 and return-to-work issues, the current state of artificial intelligence regulation, and what the future EEOC priorities will look like.

09-04
27:05

VIII-148- Part 1 of 2: The Final Interview With EEOC Commissioner Keith Sonderling

As his term as EEOC Commissioner ended at the end of August 2024, (former) EEOC Commissioner Keith Sonderling joined the podcast one last time to discuss a wide range of important employment issues, including court deference to federal agencies, the use of agency opinion letters, continued initiatives with Covid-19 and return-to-work issues, the current state of artificial intelligence regulation, and what the future EEOC priorities will likely look like.

09-03
54:55

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