In a published, December 21, 2010 opinion letter to a non-profit organization, the New York Department of Labor (DOL) discussed the organization’s educational internship program for persons between the ages of 18 and 24. It found that the interns were not “employees” under the New York State Minimum Wage Act because they met all of the 11 criteria established by the DOL. Employers that use (or are considering) internship programs must ensure that their interns meet all these criteria, or else they must pay their interns at least the minimum wage.
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.
Supreme Court Finds Air Carrier Immune From Defamation Claim For Reporting Employee’s Outburst to TSA
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.