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.

VIII-144 - Current AI Regulatory Landscape and Employer Best Practices

I am joined by my Cozen colleague, Jeff Klamut, to summarize the current regulatory landscape involving artificial intelligence and what employers should be thinking about right now.

05-01
56:28

VIII-143 - Federal Agency Update (Part 2 of 2)

In this second part of a two-part series, I discuss 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 what has just happened and what it means for employers.

04-24
58:54

VIII-142 - Federal Agency Update (Part 1 of 2)

In this first part of a two-part series, I discuss significant recent employment law developments coming out of the primary federal agencies: The U.S. Department of Labor, the EEOC, the FTC, and OSHA. Hear what has just happened and what it means for employers.

04-22
28:39

VIII-141 - DEI Perspectives From EEOC Commissioner Andrea Lucas

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.

03-01
50:37

VIII-140 - 7th Anniversary Episode: The Current State of Politics for Employers

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.

02-07
39:54

VII-139 - An Interview With an Employee-Side Attorney on L&E Issues

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 agreements to wage transparency, remote work, and social media activity. Hope also discloses what she looks for when deciding whether to take a case on behalf of a client against an employer.

11-22
01:14:52

VII-138 - An Interview With the DOL, EEOC, and NLRB

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 agencies as we close out 2023 and get ready for 2024.

11-06
01:10:44

VII-137 - Training Managers to Manage and Avoiding The Peter Principle

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.

10-30
21:59

VII-136 - Summer 2023 Wrap-Up Part 2

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 workplace policies.

10-02
53:52

VII-135-Summer 2023 Wrap-Up Part 1 (NEW DOL OVERTIME RULE)

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 effective.

09-04
18:12

VII-134-Panel Discussion on Supreme Court's Affirmative Action Ruling and the Impact on Employer DEI Programs

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 programs promoting diversity, equity, and inclusion.

08-29
01:02:43

VII-133 - Hot Summer Employment Law Developments

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 independent contractor and overtime exemption classifications; and the first regulation of AI hiring tools.

07-17
49:04

VII-132 - An Interview With NLRB GC Jennifer Abruzzo on Non-Compete Agreements

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.

06-02
21:08

VII-131 - Roundtable Discussion (Multi-Practice) of A.I. and Generative A.I. for Employers

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.

05-22
01:06:09

VII-130- An interview With EEOC Commissioner (Vice Chair) Jocelyn Samuels

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 initiatives; the new federal pregnancy accommodation rules; Covid-19 cases; and the recent federal agency partnership to combat retaliation.

05-02
01:01:16

VII-129 - Part 2 of 2: A.I. In The Workplace (An Interview w/ Economist Christine Polek, PhD)

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 anti-discrimination laws.

04-11
33:29

VII-128 - Part 1 of 2: A.I. in the Workplace (An Interview w/ EEOC Commissioner Sonderling)

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 issues.

03-28
46:00

VII-127-Interview with NLRB General Counsel Abruzzo on Invalidating Severance Agreement Provisions

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 severance agreement provisions may be questioned in the future.

03-09
27:04

VII-126 - Invalidating Severance Agreements (and Other Important Developments)

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.

02-27
55:28

VII-125 - Special Anniversary Episode: The State of Politics and the Impact on Employers

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.

02-01
41:17

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