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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
Leandra’s Law (the Child Passenger Protection Act) requires anyone convicted of driving while intoxicated in New York to install and maintain an ignition interlock device on any vehicle he or she owns or operates. That’s a condition of the person’s probation or conditional discharge. Leandra’s Law has several important provisions that apply to employers of people who have been convicted of DWI.
Terminating employees is never easy. Not only do you have to think about the employee’s reaction and those of co-workers who may be worried about their own jobs, you also have to worry whether the employee will sue and how to minimize the risk. One area you have control over is making sure that every terminated employee receives legally mandated termination notices. Here’s a quick guide.
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Despite a summer of political circus distractions in Albany, the New York Legislature continued to crank out laws that further regulate New York employers. Here are some recent changes to New York State laws that you need to take into consideration.
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In two recent decisions, our firm was successful in recovering monetary relief for employers that had either been victimized by employee wrongdoing or unsuccessfully sued by employees. We covered the first case in “Payback time: Employer wanted its money back—and got it!” Now we’ll discuss a case in which an employer recovered substantial court costs because a court applied plain-old common sense when it looked at existing rules.
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Forgive us if we pat ourselves on the back. In two recent decisions, our firm, Bond, Schoeneck & King, was successful in recovering relief against employees. The cases offer good news for employers frustrated with losing money when they haven’t done anything wrong.
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Somehow, despite this summer’s fight over whether Democrats or Republicans controlled the New York State Legislature, members of the Assembly and Senate and Gov. David Paterson found time to amend the New York State Human Rights Law. Effective July 6, 2009, the law expanded the application of civil fines and penalties in cases of employment discrimination occurring on or after that date. The change means the stakes for making an employment law mistake have dramatically risen.
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Q. My company is considering requiring employees to agree to an arbitration clause to resolve any employment disputes, including discrimination complaints. I have been told it is a good risk-management tool for avoiding high legal defense costs and big jury verdicts. Do you agree?
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It’s becoming a common problem: An employer discovers disparaging comments on an employee’s Facebook, MySpace or personal blog. Maybe a post reveals internal company information. Can the employer take disciplinary action? A series of new laws and evolving legal doctrines have placed limits on how far an employer can encroach on the private and off-site activities of its employees.
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Q. We have terminated an employee who has moved out of state and requested we mail his last check to him. Do we have to mail it? If so, when?
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Q. We are considering using an investigative agency to verify applicants’ prior employment, education and possible criminal background. Are there any New York laws that are applicable?
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