On May 2, a three-judge panel overturned a lower court’s decision in an Employee Retirement Income Security Act (ERISA) class action case in a 2-1 decision. The case, Sweda et al., v. University of Pennsylvania et al., centered on a group of University of Pennsylvania employees who felt that the school was not meeting its fiduciary burden when managing their retirement funds.
On April 25, 2019, Young Conaway’s Labor and Employment attorneys hosted the 2019 Annual Employment Law Seminar at the Chase Center on the Riverfront. The event drew over 200 attendees to learn about the latest federal and state employment and labor laws. The seminar was comprised of both panel discussions and presentations about topics such as the ADA and FMLA, the new U.S. Department of Labor wage and hour overtime rules, and the new EEO-1 filing requirement.
On January 1, 2019, the new law specifically addressing the prohibition against sexual harassment under the Delaware Discrimination in Employment Act (DDEA) went into effect. One of the biggest changes is the requirement that larger employers provide interactive training and education to employees regarding the prevention of sexual harassment. Below are answers to some of the most common questions being asked. Continue reading
The Delaware Medical Marijuana Act (“DMMA”) provides broad protection to medical marijuana cardholders. Unlike most states, the DMMA does not allow employers to maintain and enforce zero-tolerance policies against medical marijuana use. While employers elsewhere can terminate any employee who fails a drug test, the DMMA prohibits a Delaware employer from terminating a cardholder unless it can show that the cardholder possessed or used the drug at work or was impaired on the job.
One of the most exciting aspects of employment law is the inexhaustible list of ways that employees find to get themselves—and their employers—into trouble. Recently, we have observed an uptick in electronic security attacks which makes the close of 2018 a perfect time to refresh ourselves on the “Dos” and “Don’ts” of cyber security. Continue reading
The 2017-18 flu season was unusually bad, and many employers found themselves stuck between meeting their staffing needs and avoiding the spread of a virulent flu strain. While the 2018-19 cold and flu season is forecast to be less brutal, employers should take this opportunity to revisit their pandemic preparedness. Following are some thoughts on preventing and preparing for the next big outbreak. Continue reading
As we should all be aware, in July 2018, the Delaware General Assembly passed, and the Governor signed, House Bill 360 (HB360), which formalized the well-established fact that sexual harassment is unlawful under Delaware state law. Here’s what we know about enforcement, six months later. Continue reading
It will come as no surprise to most of our readers that, in the 12 to 14 months following the advent of the #MeToo movement, we have seen a marked uptick in the request for advice and assistance in the conduct of sexual harassment investigations. Below are some thoughts to keep in mind when approaching this issue, and when to bring in the professionals. Continue reading
While Delaware does not have laws that pertain to paid sick leave, two of our neighbors have recently enacted their own laws on this subject. Maryland and New Jersey have both created new sick leave policies affecting most employees who work in their states. Continue reading