Q. We recently made a job offer to someone, rescinded the offer and then hired another applicant two months later. Is there anything illegal about that?
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Articles by Louis DiLorenzo
Bond, Schoeneck & King, PLLC
New York, NY
www.BSK.com
LDiLorenzo@BSK.com
(646) 253-2315
Louis P. DiLorenzo has practiced labor and employment law for 30 years and is co-chair of the firm’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.
Louis DiLorenzo
It’s a mistake that’s all too common: An employer investigating harassment claims or other workplace infraction fails to act when the inquiry bumps up against a “he said/she said” wall. There are four factors critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.
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Q. We operate a fitness club and employ many fitness class instructors. They have time between classes that ranges from 15 minutes to several hours. They are free to spend that time anyway they want, on or off premises. Do we have to pay them for the time between classes?
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Q. One of our employees ran an errand for us to pick up $700 in cash. He says he lost it. Can we make him pay it back?
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Q. We have medical providers at our clinic who are paid straight commission based on the number of patients treated and the treatment cost. Sometimes, they block time out of their schedules to attend training on laser techniques or continuing medical training for their licenses. I know that most employees must be paid for training time, but this is different. Do we have to pay them?
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Q. Sometimes, we get calls from government agencies or collection agencies seeking employment verification. Do we have to provide the information?
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Q. Our company has 250 employees in eight states, but we have FMLA eligible employees in only one state. As I rewrite our employee handbook, I will include the mandatory FMLA language. However, I would like some input on what type of policy, if any, to include for non-FMLA eligible employees.
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Q. I am updating job descriptions. We sometimes use the term “high energy” as a qualification. Does this violate the ADA or other laws?
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Q. Almost all our employees carry personal cell phones and seem to be calling or texting during work hours. Can we require them to put their phones in their lockers at the beginning of their shifts?
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Q. One of the owners suggested that paid time off for employees should not be a set benefit, but a bonus. Can we just award paid time off as a bonus to some employees and not to others?
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