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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

Click for Full Bio

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.

Federal vs. New York overtime rules: Do board, lodging and other allowances count?

04/24/2019
Q. Currently, to satisfy the New York state overtime rules, we include board, lodging and other allowances and facilities in that salary. We hit the $679 salary level contemplated in the federal DOL regs already if we include that amount. Do we have to back that amount off?

Start preparing now for new exempt overtime salary threshold

04/24/2019
Employers interested in avoiding a big jump in their overtime costs should dust off plans they probably made in preparation for implementing the 2016 Obama-era proposed salary threshold rule.

Be alert for rumors that can lead to sexual harassment liability

04/24/2019
Parker v. Reema Consulting Services, Inc. deserves a place on a PowerPoint slide to remind the entire workplace that there is no place for false and mean-spirited rumors in the employer’s place of business, and that the spreading of such rumors can potentially have severe consequences.

IBM apologizes for slurs on recruiting website

04/24/2019
IBM offered no explanation of how the terms came to appear on the website.

Cupid’s arrow misses—and so does harassment suit

04/24/2019
Sometimes, a failed workplace romance doesn’t result in a demoralizing and costly courtroom loss!

Fired worker right after she complained about sexual harassment? Prepare for a lawsuit

04/24/2019
If you discharge an employee shortly after she files a sexual harassment complaint, chances are she will sue and allege retaliation. Even if she is off work for a few months, you may end up owing her more than lost wages if she also suffered emotionally.

Claim of hostile work environment based on disability may add up to ADA lawsuit

04/24/2019
The 2nd Circuit Court of Appeals has ruled for the first time that the ADA allows disabled workers to sue separately if they experience a hostile work environment based on their disability. That’s true even if the disabled worker doesn’t have a failure-to-accommodate or a disability discrimination claim.

It’s not bias: OK to deny shift-change request

04/24/2019
Under some circumstances, courts have ruled that changing someone’s usual shift can be an adverse employment action or retaliation for engaging in protected activity. But what if the employee was hired to work a specific shift and then re­­quests a transfer to another?

Beware presumptions about alcoholism

04/24/2019
Alcoholism may be an FMLA-covered serious health condition. If an employee returns to work after taking FMLA leave to rehab from a drinking problem, warn supervisors to check their presumptions about alcoholism. Doing or saying the wrong thing could violate the FMLA, the ADA or both.

Beware close timing between FMLA leave and discipline

04/15/2019
The closer a termination comes to the end of a worker’s FMLA leave, the more likely she may win an FMLA-retaliation lawsuit.