The Labor and Employment Podcast

Rosemary Enright and Michael Sciotti discuss New York State’s new Access to Personnel Records Law, taking effect November 8, 2026. The episode explains who is covered, what records may qualify, and why employers should begin preparing now. They also highlight key compliance issues, including employee access rights, copy obligations, record retention, dispute procedures, confidentiality concerns, and practical updates to handbooks, forms, and HR processes. Stay tuned for updates on this new law.

Rosemary Enright and Mike Sciotti are again joined by their Barclay Damon partner Scott Rogoff to continue their discussion of New York’s Hospitality Industry Wage Order. This episode highlights key wage and pay requirements beyond tip credits, including spread-of-hours pay, split shifts, call-in pay, overtime, tip credits, and salary/nonexempt classifications. Using real-world examples, the team explores common compliance risks for hospitality employers, addressing wage errors, and why employers should be cautious when relying on AI-generated legal guidance or sharing sensitive information with AI tools.

Save the Date!
Barclay Damon’s 2026 New York Labor & Employment Law Conference will be held Thursday, October 29, 2026, Turning Stone Resort Casino, Verona, New York. Learn more and let us know about any topics you’d like us to cover here.

Rosemary Enright and Mike Sciotti are joined by one of their Barclay Damon partners, Scott Rogoff, to explore the complexities of New York State’s Hospitality Wage Order. During the conversation, they share practical insights for employers navigating compliance plus tips for avoiding costly mistakes. Listen in for the first of several episodes on this topic.

Save the Date!
Barclay Damon’s 2026 New York Labor & Employment Law Conference will be held Thursday, October 29, 2026, Turning Stone Resort Casino, Verona, New York. Learn more and let us know about any topics you’d like us to cover here.

What should employers do when an EEOC charge arrives? In this episode, Rosemary Enright and Mike Sciotti explain the key steps—from reviewing the charge and notifying EPLI carriers to preparing a strong position statement and navigating the EEOC’s investigation. They also cover the laws enforced by the EEOC, response deadlines, conciliation, notices of right to sue, the 90-day window for filing a federal lawsuit, and how EEOC charges can interact with the New York State Division of Human Rights.

Save the Date!
Barclay Damon’s 2026 New York Labor & Employment Law Conference will be held Thursday, October 29, 2026, Turning Stone Resort Casino, Verona, New York. Learn more and let us know about any topics you’d like us to cover here.

Rosemary Enright and Mike Sciotti continue their discussion on the intricacies of handling charges filed with the New York State Division of Human Rights. They cover the process from receiving a no probable cause determination to preparing for hearings and settlement conferences, providing valuable insights for employers and in-house legal professionals.

Save the Date!
Barclay Damon’s 2026 New York Labor & Employment Law Conference will be held Thursday, October 29, 2026, Turning Stone Resort Casino, Verona, New York. Learn more and let us know about any topics you’d like us to cover here.

Rosemary Enright and Michael Sciotti discuss what employers should do when a complaint from the New York State Division of Human Rights hits. They walk through every step of the process—from the initial response and insurance considerations to investigations, hearings, and trial preparation. They share practical strategies for protecting your organization, avoiding common mistakes, and staying ahead during what can be a lengthy and costly process.

Rosemary Enright and Mike Sciotti welcome their Barclay Damon colleague Rob Thorpe to discuss the rise in ADA-related website accessibility lawsuits, especially against businesses (and employers) with public-facing websites. Rob explains common claims involving screen-reader access, e-commerce barriers, and insufficient accessibility information. He discusses legal uncertainty, frequent filers, and defenses such as standing and mootness. Touching on limited insurance coverage, the episode also suggests that businesses audit their websites, review vendor contracts carefully, remediate deficiencies, and monitor accessibility regularly.

Save the Date!

Barclay Damon’s 2026 New York Labor & Employment Law Conference will be held Thursday, October 29, 2026, Turning Stone Resort Casino, Verona, New York. Learn more and let us know about any topics you’d like us to cover here.

In Part 2, Rosemary Enright and Michael Sciotti take a deeper dive into the legal and practical considerations surrounding criminal convictions in the hiring process. They discuss how employers might conduct individualized assessments, examine the relationship between a conviction and the position at issue, and cover documenting decision-making to reduce legal risk. The discussion also highlights common compliance pitfalls, strategies for balancing workplace safety with fair-hiring practices, and the value of providing opportunities to qualified candidates with criminal histories.

Save the Date!

Barclay Damon’s 2026 New York Labor & Employment Law Conference will be held Thursday, October 29, 2026, Turning Stone Resort Casino, Verona, New York. Learn more and let us know about any topics you’d like us to cover here.

Join Rosemary Enright and Mike Sciotti as they delve into strategies for addressing criminal convictions in the hiring process. They emphasize compliance and discuss eliminating criminal conviction questions from job applications. Noting the existence of “serial filers,” Mike and Rosemary suggest that the safest response is to encourage people to apply without engaging in the details. And during interviews, they suggest stopping applicants from volunteering protected information. After a conditional offer, use a structured conviction questionnaire. Stay tuned for part two, coming soon!

In this episode, Rosemary Enright and Michael Sciotti delve into the intricacies of labor laws concerning meal and break periods in New York State. They discuss factory versus non-factory worker rules, employee rights, employer obligations, and practical strategies to ensure compliance while managing employee expectations. Listen in!