Opinion Letter on Internships Issued by the New York Department of Labor

Employment applications—almost every employer in the country uses them. They can seem innocuous, but they contain a number of minefields of which employers should be aware. A general theme of federal and state laws, regulations, and guidance is that employers should avoid asking an applicant questions that elicit information that cannot be considered in making a hiring decision.

On January 27, 2014, the Supreme Court of the United States reversed a nearly $1.2 million jury verdict for defamation against Air Wisconsin Airlines Corporation in a case surrounding the airline carrier’s report about a pilot to the Transportation Security Administration (TSA). The Court found the carrier immune, under the…..

Last year, the New York Department of Labor declared that it no longer will respond to employers’ requests for formal opinion letters, but instead would post on its website answers to frequently asked questions.