Pre-Hiring Issues explained by New York Employment Lawyer Steven Mitchell Sack

The “Snowflake Test”: Is It Legal?

While it is not uncommon for employers to give assessment tests to potential job candidates, one U.S. company has caught the eye of the media for its unusual vetting tool. Kyle Reyes, Chief Executive Officer of The Silent Partner Marketing, a public relations firm located in Hilliard Mills, Connecticut, created the controversial “snowflake test” as […]

New York State Eases Burden on Hiring Ex-Convicts

On December 21st the Cuomo Administration implemented a new regulation prohibiting insurance companies from refusing coverage for crime-related losses caused by employees. Effective January 1, 2017, the regulation allows businesses to obtain commercial crime coverage after sustaining losses in a situation involving an employee’s dishonesty.

Prior to the regulation, insurance companies would often deny commercial […]

New York Audition Notices Spark Employment Law Concerns

Recently, the Wall Street Journal reported on discrimination in casting calls for the Broadway hit “Hamilton.” Although specifying race, age, and gender is legal in audition calls, the Actors’ Equity Association, a union organization, generally checks the audition notices before going out. The notices for Hamilton, which posted from late 2015, were not reviewed by […]

Beware of Signing Employment Contracts with Restrictive Covenants

Restrictive covenants are provisions in employment agreements that prohibit a person from working for a competitor after leaving his or her employer. The effect of such clauses varies greatly. In addition from limiting a former employee’s job opportunities, a restrictive covenant allows an employer to restrict the former employee from starting a business or forming […]

How Should Potential Employees’ Criminal Record be Considered?

It is increasingly difficult for potential employees to find job positions after they have been arrested or convicted of a crime. According to the U.S. Equal Employment Opportunities Commission, Title VII of the Civil Rights Act of 1964 defines parameters of the hiring process to avoid discrimination, including whether to conduct a criminal background check […]

Investigation of Employee’s Social Network Sites

In today’s technology driven society, almost everyone has some type of social media account. While most young people think nothing of the reflection your page might have regarding prospective employment, it is estimated that three-quarters of employers look at applicants’ Facebook presence to see what they’re doing outside of work. While CareerBuilder.com estimates approximately 1 […]

New Bill to Tighten Restrictions on Employer Inquiry into Applicant Criminal Record

A new NYC Council bill proposes barring employers from asking job candidates if they have a criminal record, or have ever been convicted of a crime, and is expected to become law in New York City very soon.

The ‘Ban the Box’ bill would will essentially prohibit the widely used “check boxes” on job applications […]

Bed Bath & Beyond Fined for Discriminating Against Job Applicants

It is no surprise that individuals convicted of a crime experience hardships when looking for employment. However, can an employer deny an applicant simply based on the fact that the applicant is an ex-con? Earlier this April, New York State Attorney General Eric Schneiderman reminded mega-store Bed Bath & Beyond that those types of discriminatory […]

FDNY Settles Claims of Racial Discrimination

For years, New Yorkers and individuals around the country have been aware of the ongoing lawsuit that alleged racial discrimination against one of the most notable fire departments in the nation, the FDNY. However, in early March, Mayor Bill de Blasio and his administration have finally brought the lawsuit to an end.

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NYC Earned Sick Time Act May Be Expanding

Mayor Bill de Blasio and incoming Council Speaker Melissa Mark-Viverito announced that the New York City Council will look to expand the Earned Sick Time Act within the year.

According to the Mayor, the updated law would: (i) protect an additional 500,000 City employees, including those in the manufacturing sector, by expanding the paid leave […]

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