The HR Specialist: New York Employment Law

It’s crucial to keep good records of the hiring process, including tracking applicant experience levels. After all, you never know which applicant will sue, alleging that he was passed over for a discriminatory reason.

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You conduct interviews to help determine who is the best candidate for a position. But every interview carries with it the possibility of a lawsuit.

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In most cases, employees seeking a promotion or applicants seeking a new job have to actually apply and then be rejected in order to sue over alleged discrimination. Except in very rare cases—when it is obvious that applying would be futile or when the application process is hidden or informal—an application is a prerequisite for a lawsuit.

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OSHA has issued a final rule that goes into effect Jan. 1. Now is the time to train for it.

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The new amendment to the New York Human Rights Law adding protections for unpaid interns does not address the status of those interns who claim they should be compensated employees. Those cases appear to be working through the courts on a separate path.

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Do you cut slack for some employees when enforcing your grooming policies? If so, there may be a race discrimination lawsuit in your future.

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Not long ago, the U.S. Supreme Court made it harder for em­­ployees to prove retaliation under Title VII anti-discrimination provisions. Under the New York City Human Rights Law, employees need only prove retaliation was an important motive in an adverse employment decision, not the only one.

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Some very small employers are truly so tiny that they’re not covered by Fair Labor Standards Act overtime rules.

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Sometimes, supervisors say stupid things. How you respond may mean the difference between winning or losing a lawsuit based on those comments.

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A midtown-Manhattan bar faces charges it forced waitresses to kiss one another and wrestle in cranberry sauce while patrons took pictures and videos.

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