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New York

Employment Lawyer Network:
New York

Louis P. DiLorenzo (Editor)

New York Employment Law

LDiLorenzo@BSK.com
(646) 253-2315

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Louis P. DiLorenzo has practiced labor and employment law for 30 years and is co-chair of Bond, Schoeneck & King’s Labor and Employment Law Department. He is managing partner of the firm’s New York City and Garden City offices. Mr. DiLorenzo represents employers and management in all aspects of labor and employment law. His areas of expertise include collective bargaining, workplace investigations, NLRB proceedings, labor audits, supervisory training, wage and hour issues, arbitration, jury trials in both state and federal courts, wage incentive plans, OFCCP audits and proceedings, employment litigation before the EEOC and the Human Rights Division and alternative dispute resolution techniques.

Same broken rule, different discipline: Show why you punished one more harshly

06/28/2019
Courts like to see employers equally treat workers who break the same rules. That doesn’t mean employers have no wiggle room. The key is to document why one worker deserves a different punishment than another for breaking the same rule.

2nd Circuit just made it harder for disabled employees to sue

06/13/2019
In a surprise win for New York employers trying to manage disabled workers, it just became a bit more difficult for plaintiffs in the 2nd Circuit to win disability discrimination claims brought under the ADA.

Long Island company settles EEOC bias case for $407,000

06/13/2019
West Babylon-based A&F Fire Protection Co. Inc. has agreed to pay a class of black and Hispanic employees $407,000 to compensate them for blatant racial discrimination, harassment and retaliation.

Carefully track all details when replacing older worker

06/13/2019
To win an age discrimination case, a worker usually must prove she was replaced by someone significantly younger.

Work just sorta stinks? Judge says, ‘Too bad!’

06/13/2019
When it comes to work, pleasant is often good enough. Perfection is probably too much to ask for. Courts understand this, and won’t let a lawsuit advance if it’s just based on common gripes.

Conversations among co-workers can be enough to certify class-action lawsuit

06/13/2019
When an employee claims she wasn’t paid properly under the Fair Labor Standards Act, she can ask the court to represent all other similarly situated workers in a potentially costly class-action suit. It doesn’t take much more than a few casual conversations with co-workers for a single plaintiff to move a class-action lawsuit forward.

Transfer after taking FMLA leave? That could be considered retaliation

06/13/2019
If you transfer an employee soon after she has returned from FMLA leave, you could wind up facing an FMLA retaliation lawsuit. And as long as the employee can show the transfer was motivated by the use of FMLA leave, she can take a lawsuit to a jury.

HCE exemption hard for worker to challenge

06/13/2019
Employees who earn at least $100,000 per year to perform office work and at least one duty required under the Fair Labor Standards Act’s administrative, executive or professional classifications may be considered Highly Compensated Employees who are exempt from the law’s overtime requirements. Few workers who challenge an HCE classification win.

Act immediately to put a stop to harassment

06/13/2019
Employers that take every sexual harassment complaint seriously, investigate the allegations and act fast to stop it usually prevail if an internal complaint turns into a lawsuit. A recent case demonstrates what employers should routinely do.

No cannabis testing for NYC employers starting in 2020

06/13/2019
If you are a New York City employer, now is the time to ensure your drug testing policies and job applications do not mention testing for marijuana or THC.