Evelyn Munoz -Compton, practicing attorney in the state of New York, shares her experience and insight on Labor Law in the following interview:
Interview by: Tamika Johnson
Tell me about your experience in labor law (how many years, own practice, Etc.).
I was employed in Labor and Employment Law from 2008 -2013 in the Postal Service Law Department. Afterwards, I did a brief stint at the Department of Veterans Affair as a Human Resources/Labor Relations Specialist and then was an EEOC Investigator for the Postal Service in 2015. From May 2013 through January 2015, I was in private practice with my husband and handled employment issues as well.
In what areas of labor law did you practice?
I primarily dealt with the unions in the Postal Service. I then transferred to a unit whose sole focus was dealing with complaints brought under the National Labor Relations Act (NLRA).
What/Which area(s) of labor law would you say has the most impact on small business?
I would say wage and hours can have the biggest impact on small business owners.
There’s a vast array of labor laws (areas, topics), which area did you find yourself handling/litigating the most?
During my stint at the Postal Service I mostly handled discrimination suits brought under Title VII which prohibits employers from discriminating against employees.
What are the most common violations of labor law you’ve encountered?
Discrimination is the most common violation brought against employers, however, the threshold for certain types of discrimination is pretty high so most complainants find that their cases lack merit.
How can entrepreneurs/business owners avoid pitfalls of labor law violation, such as discrimination?
Entrepreneurs/business owners avoid these pitfalls by seeking training on employment discrimination. It is important to note that Title VII only applies to employers with 15 or more employees. I would say for the “Mom and Pop” business, the wage and hour regulations of the Department of Labor are paramount. The small “Mom and Pop” outfit needs to make sure they pay at least the minimum wage, pay overtime for hours worked in excess of 40 hours and maintain good records.
There’s a vast amount of labor laws/ rules, what would you say are the basic/main laws/rules entrepreneurs and business owners should know about labor law?
Entrepreneurs/business owners need to be mindful of the protected classes under Title VII. Although one cannot technically sue one’s employer, if an employee claims discrimination (even if the employer does not employee 15 people), in New York State(NYS) the employee can file for discrimination with the State Commission on Human Rights and the City Commission on Human Rights. The NYS Commission on Human Rights allows a complainant up to a year to file.
Where can more information on labor laws be found? What resources have you used?
Two sites that I relied heavily on were the National Labor Relations Board (NLRB) and Equal Employment Opportunity Commission websites.
*Links to the website can be found here: EEOC, NLRB
