迈克尔 C.施密特 - Michael C. Schmidt

Vice Chair, Labor & Employment Department

New York

(212) 4533937

(866) 736-3682

Recent Publication:

VIII-154 - Court Invalidates DOL's 2024 Overtime Salary Threshold Increases [Employment Law Now Blog]

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...

迈克尔 C.施密特是本所劳动和就业法部门的律师,同样也是纽约中城办公室的执行合伙人,副主席。他是纽约市居民。

迈克尔有逾二十年的劳动和就业法从业经验,业务领域囊括代理公司管理的各个方面:(1)关于时薪(超时或者拖欠工资),歧视,骚扰,报复,内幕披露,非竞争条款,商业秘密,残疾障碍以及有关解聘事务的辩护诉讼;(2)日常法务的训练和顾问活动,涉及招聘,解聘以及其他关于客户产业和业务的问题;和(3)起草和审核雇佣合同,终止和离职合同,保密和非竞争条款,和雇佣政策及手册。迈克尔工作的重心是维持其与客户的合作关系,制定在员工关系中避免诉讼以及潜在摩擦最小化的最优策略。 他曾在联邦和州法院进行辩护,并代表公司(联合或非联合)参与联邦和州行政机构诸如平等就业机会委员会,纽约州人权部门,纽约市人权委员会,劳动部(州及联邦),职业安全和健康行政机构以及全国劳动关系董事会的仲裁。

迈克尔是Touro法学院(Central Islip,纽约)的兼职教授。他负责教授就业法,并且多次参与课程策划,学术会议,研讨会以及继续法律教育项目,谈论就业法的发展动态。迈克尔的评论也多次被就业法专题的著作引用,并且经常被贸易出版商和全国期刊(网络及传统)采访,询问他关于最新法律动态的评论。他同时也是一个讨论社会媒体和就业法的博客的出版商和编辑,这是一个在新科技时代对于雇主而言十分重要的领域。(www.socialmediaemploymentlawblog.com).

除了他维持日常客户关系,他还是纽约课余全明星联盟的董事会主席。这是一个由阿诺德·施瓦辛格于1990年中期成立的为年轻人提供课余和暑期项目的全国慈善组织的纽约分部。他同时也花费大量时间为各类组织和个人提供法律援助以帮助那些有需要但无法支付高昂律师费的人们。

迈克尔于1990年从布兰达斯大学以优异生本科毕业。1993年,他从霍夫斯塔大学法学院以优异生毕业。在校期间,他是霍夫斯塔法学院评论的注释编辑。

Publications

VIII-154 - Court Invalidates DOL's 2024 Overtime Salary Threshold Increases [Employment Law Now Blog]

November 18, 2024

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...

VIII-153 - NLRB General Counsel on Illegal "Stay or Pay" Employee Agreements [Employment Law Now Blog]

November 11, 2024

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. Download this episode....

VIII-152 - Part 2 of 2 on the Pregnant Workers Fairness Act (Attorney Interview) [Employment Law Now Blog]

November 07, 2024

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...

VIII-151 – EEOC Commissioner Interview: Part 1 of 2 on the Pregnant Workers Fairness Act [Employment Law Now Blog]

November 01, 2024

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...

VIII-150 - The FTC Noncompete Rule is Dead: What Now? [Employment Law Now Blog]

September 10, 2024

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. Download this episode....

VIII-149 - Part 2 of 2: The Final Interview With EEOC Commissioner Keith Sonderling [Employment Law Now Blog]

September 05, 2024

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,...

VIII-148- Part 1 of 2: The Final Interview With EEOC Commissioner Keith Sonderling [Employment Law Now Blog]

September 04, 2024

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...

VIII-147- All For Naught: FTC Noncompete Rule Struck Down [Employment Law Now Blog]

August 21, 2024

Just yesterday afternoon (and 11 days earlier than expected), the federal judge in Texas struck down the FTC's noncompete rule and prohibited the FTC from enforcing its non-compete rule nationwide. In this new episode, I talk about what the court did and what it means now for non-compete...

VIII-146 - Latest Update on FTC Non-Compete Ban Plus 3 Summer Reminders for Employers [Employment Law Now Blog]

August 19, 2024

This episode provides the latest update on the FTC non-compete ban scheduled to go into effect on September 4, 2024, the likelihood that it will go into effect, and what employers should be doing about it right now, plus three other employment law reminders that employers should...

VIII-145 - Status Update: Injunctions for FTC Noncompete Ban and DOL Overtime Exemption Regs [Employment Law Now Blog]

July 08, 2024

Where are things right now with the injunction decisions on the FTC's noncompete ban and the DOL's new overtime exemption regulations? Today's new episode provides the latest updates, while also discussing the Supreme Court's end-of-term decision with significant ramifications, and what employers...

VIII-144 - Current AI Regulatory Landscape and Employer Best Practices [Employment Law Now Blog]

May 02, 2024

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

VIII-143 - Federal Agency Update (Part 2 of 2) [Employment Law Now Blog]

April 24, 2024

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. Download this episode....

VIII-142 - Federal Agency Update (Part 1 of 2) [Employment Law Now Blog]

April 22, 2024

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. Here what has just happened and what it means for employers. Download this episode....

VIII-141 - DEI Perspectives From EEOC Commissioner Andrea Lucas [Employment Law Now Blog]

March 01, 2024

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. Download this episode....

VIII-140 - 7th Anniversary Episode: The Current State of Politics for Employers [Employment Law Now Blog]

February 07, 2024

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. Download this episode....

VII-139 - An Interview With an Employee-Side Attorney on L&E Issues [Employment Law Now Blog]

November 22, 2023

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...

VII-138 - An Interview With the DOL, EEOC, and NLRB [Employment Law Now Blog]

November 06, 2023

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...

VII-137 - Training Managers to Manage and Avoiding The Peter Principle [Employment Law Now Blog]

October 30, 2023

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. Download this episode....

VII-136 - Summer 2023 Wrap-Up Part 2 [Employment Law Now Blog]

October 02, 2023

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...

VII-135-Summer 2023 Wrap-Up Part 1 (NEW DOL OVERTIME RULE) [Employment Law Now Blog]

September 05, 2023

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...

Education

  • Hofstra University, J.D., 1993
  • Brandeis University, B.A., 1990
  • New York
  • New York Court of Appeals
  • New York Supreme Court
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Northern District of New York
  • U.S. District Court -- Southern District of New York

American Bar Association

New York State Bar Association