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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.

Discipline calls for language that cites objective shortcomings, not editorial opinions

07/13/2017
When disciplining employees, try to stick to objective facts. For example, if a worker isn’t abiding by a dress code, state what rule she is violating. Keep the editorial comments to yourself.

Prepare to justify discipline occurring after employee complains about discrimination

07/13/2017
Simply put, a bad review all by itself isn’t usually grounds for a lawsuit in most cases. However, punishing someone with a bad review because they complained about discrimination may land you in legal trouble.

Bungled investigation may not sink defense

07/13/2017
Sometimes, investigations don’t go as planned. An employer can have good policies and the best of intentions and still make mistakes. Fortunately, that’s not necessarily the kiss of death for a workplace investigation. Just be prepared to clearly explain what happened.

Your own detective work can pay off in court

06/28/2017
Employees have only a limited amount of time in which to file lawsuits. However, judges sometimes bend over backwards to give late filers a second chance. When that happens, it may be worth finding out why the delay occurred.

HR pros, bosses beware! Shoddy harassment investigation may create personal liability

06/28/2017
If you don’t do enough to end reported harassment, you may be found liable under New York state and New York City law for aiding and abetting that harassment. In fact, it’s just as if you were the harasser yourself—you could be subject to personal liability.

New York City labor update: Pay history, written contracts

06/19/2017
If you have employees in New York City, be aware of two new laws affecting your operations there. The first new law bars you from asking applicants about their prior compensation history. The second requires you to provide contract workers with a written agreement.

Court: Fiduciary overpriced stock in ESOP transaction

06/19/2017
A federal judge in New York, presiding over a U.S. Department of Labor lawsuit, has found that First Bankers Trust Services breached its duties of prudence and loyalty to the participants of an employee stock ownership plan sponsored by SJP Group, a New Jersey paving company.

EEOC sends Brooklyn educator back to school on sex bias

06/19/2017
The chief executive officer of Special Education Associates, a Brooklyn provider of education services for developmentally delayed pre-school children, cost the firm $57,000 for his attempt to woo a job applicant.

Queens contractor agrees to pay back wages, overtime

06/19/2017
Design Development NYC, a general contractor in Queens, has agreed to pay $726,989 in back wages, overtime and liquidated damages to 184 employees who had been misclassified in violation of the Fair Labor Standards Act.

Document that you held anti-harassment training

06/19/2017
It’s easier to defeat sexual harassment lawsuits if you have a robust anti-harassment policy and let employees know exactly how to use it. The key is to prove that the worker knew about the policy but failed to use it.