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New York

Delphi learns the hard way: Don’t mess with medical records

07/06/2009

Auto parts manufacturer Delphi has settled a suit with the EEOC alleging the company made prohibited medical inquiries into employees’ health and retaliated against staff who objected. Delphi required employees returning from sick leave to sign releases allowing the company to probe their medical records …

As the Wurld turns: Upstate firm owes $1.2M to 19 workers

07/06/2009

An arbitrator has awarded $1.2 million in back pay and damages to 19 former employees of Wurld Media, Inc. The Saratoga Springs-based Internet startup, which marketed a product similar to iTunes, began having trouble making payroll in 2006.

Competition for job openings heats up to record high

07/06/2009

Those few employers that are adding staff are sifting through more résumés than ever. Employers, on average, are evaluating 5.4 candidates for each of their openings, according to the Bureau of Labor Statistics.

N.Y. state considers paid family leave

07/06/2009

The state legislature is considering a bill that would require all employers to provide up to 12 weeks of paid time off so employees can tend to very ill family members or take care of newborns or newly adopted children.

Congress considers legislation mandating paid sick leave

06/26/2009

Millions of employees would be eligible for seven days of paid sick leave annually if the Healthy Families Act, recently introduced in Congress, becomes law. A coalition of HR and business groups vowed to fight the bill, saying it would “force companies to increase layoffs, reduce wages and cut important employee benefits.”

Better heed Ledbetter: Audit pay policies to ensure equal pay

06/16/2009

Under the Lilly Ledbetter Fair Pay Act of 2009, each paycheck that unfairly pays a worker less than it should is a discriminatory act. Now is the time to audit your pay policies. Involve your attorneys—to take advantage of attorney-client privilege protection while you correct any discriminatory practices you uncover.

Labor Department seeks more funds to boost enforcement

06/08/2009

U.S. Secretary of Labor Hilda Solis’ budget request to Congress includes funds to hire nearly 1,000 new employees, 670 of whom will be investigators. The plan calls for 200 more wage-and-hour Labor investigators and 160 additional OSHA gumshoes.

Always investigate harassment before firing

06/05/2009

If you have ever been tempted to fire an alleged harasser just because you suspected the alleged victim might sue, consider this: The 2nd Circuit Court of Appeals has concluded that fear of being sued is no excuse for firing a suspected harasser without investigating.

Set hiring criteria and then stick with it

06/05/2009

Courts give employers the benefit of a doubt when it comes to the qualifications they seek in job candidates, and the questions they ask during interviews. As long as the criteria and questions are job-related and not otherwise illegal, courts grant wide latitude. But once you decide on hiring criteria and use them to rank candidates, resist the temptation to go back and tinker with the rankings.

State pays $300,000 to the photographer Paterson fired

06/05/2009

When Gov. David Paterson was Senate minority leader in 2003, he fired a white photographer and replaced him with a less qualified black one. Now the state has agreed to settle the original photographer’s lawsuit for $300,000 while admitting no wrongdoing.