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Employment Law/Human Resources


First off do they use the term personnel department anymore? Secondly how can I look up the specific laws and concerns employers have when hiring people in NY state? It seems like there is a lot involved in getting a job these days. Maybe 2 or more interviews just to be a restaurant dishwasher. lol. What makes employers so fearful of hiring someone they won't like, that apparently they can't fire when they determine that they don't like them? What do the laws say?

I haven't heard the term "Personnel Dept" for a number of years. It is called "Human Resources" now.

I often do two interviews or more for a candidate. I want my employees to fit in with the company and with the other employees. I often do a first phone interview just to see if I want to interview the person. Than I do a 1st interview. At the first interview I interview many people. I than pick the top 3 candidates and interview a second time at which time I pick the one from the 3 that I think will be the best employee for our company.

It is not so much that we can't fire someone because with the right to work laws it is fairly easy. It just costs so much time and money to rehire and retrain someone that we really want to hire the right person the first time.

The only laws that pertain to hiring would be the Civil rights laws which say that you cannot discriminate on race, nationality, gender, or age. You are still allowed to pick the person that has the qualifications that best fit the position and this would include experience, knowledge of the job, personality, attitude and willingness to learn.

Many HR managers call this their AAA policy....Aptitude, Attitude, Ability.

The rules for Employment would fall under the Department of Labor and found on their website. The EEOC division of the department of labor governs discrimination.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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