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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.

Sink retaliation claims by engaging an outsider to investigate bias complaints

07/20/2023
Using an outside entity to investigate internal discrimination or harassment complaints helps prevent retaliation lawsuits. That’s because there’s no reason for an outside investigator to take sides in the outcome.

Before laying off 100 or more, consider whether WARN Act notification is required

06/21/2023
The federal Worker Adjustment and Retraining Notification Act requires employers with 100 or more full-time employees to provide written notice of impending plant closings and mass layoffs at least 60 calendar days in advance. The WARN Act defines a plant closing as the “permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment.”

Honoring pronoun and gendering preferences proves complicated

05/12/2023
Here’s a recent case showing that the EEOC is moving full speed ahead with test case litigation designed to make clear that harassment based on preferred pronouns and gender identity violates Title VII’s prohibition on sex discrimination.

OK to require training that may violate some religious beliefs

04/20/2023
Raymond objected to mandatory training on anti-gay bias, stating his religious beliefs about homosexuality precluded him from participating. He said it would compromise his faith.

OK to discipline worker who filed complaint

01/24/2023
Make sure your organization’s supervisors understand that it’s perfectly legal to impose legitimate discipline on an employee who has filed a harassment or discrimination complaint.

New York’s adult abuse survivors can now sue

12/15/2022
A flood of harassment and sexual abuse claims has emerged after New York temporarily lifted the statute of limitations. The Adult Survivors Act is a one-year window to allow people who were abused or harassed as adults to file claims outside the statute of limitations for those offenses.

New York state will bar retaliation against workers who take legally protected time off

12/15/2022
The law appears to focus on “points-based” attendance, in which employers impose points, or demerits, on employees for absences, often without regard for the reason for the absence—including medical reasons, which can be protected under the FMLA and other laws.

Identical interview questions key to surviving rejected applicant’s suit

11/22/2022
The hiring process is a common lawsuit trigger for candidates not selected for the job they’re interviewing for. Lawsuits alleging race or other forms of discrimination may focus on individual questions, the hiring committee’s demographic composition or some other perceived discriminatory action. The best way to counter this is with a carefully crafted interview process.

Time is now for overtime pay scrutiny

11/22/2022
Some commentators predict that the DOL might only raise the minimum wage. Others think the delay might mean the wage will rise with inflation. But while we wait, lawsuits and pay transparency trends are not off the clock.

Your handbook could get you sued

11/17/2022
Common handbook rules require honesty on a job application and prior approval before taking on a second job, as well as proof that any second job wouldn’t interfere with the first one. That way, you may assume you can fire a worker who lied on their application or whose moonlighting would conflict with the day job. Unfortunately, each of these handbook rules could backfire if used to justify a demotion or termination.