By Scott A. Holt
This article was updated on August 17, 2018
Effective January 7, 2019, Delaware private employers will need to comply with a new state law requiring 60 days advanced notice to affected employees and government officials of a mass layoff, plant closing or relocation. The new law, known as the Delaware Worker Adjustment and Retraining Notification Act (“Delaware WARN”), mirrors in many respects the federal Worker Adjustment and Retraining Notification Act (WARN). The Delaware WARN, however, differs from the federal WARN Act in four critical ways. Continue reading
The Employment Law Alliance recently conducted a survey gaging the effect of the #MeToo Movement and Sexual Harassment in the Workplace. As part of the Employment Law Alliance, Young Conaway was one of 382 firms from all 50 states, the District of Columbia, and Puerto Rico who all helped to contribute information regarding these topics. Their survey yielded the following results: Continue reading
This article was originally published on the “Delaware Non-Compete Law Blog“
By Scott A. Holt
The use of employee covenants not to compete – once restricted to salespeople and high-level management – has continued to expand into the ranks of ordinary employees. A recent survey suggests that as many as one in five employees have some form of agreement placing restrictions on their post-employment activities. Continue reading
On Thursdays we will be sharing some of our favorite articles here. Whether it’s a topic that we still think is relevant or just one that we especially liked, we hope these throwbacks will provide an insightful look at Employment Law. Here is a post called “Quit Oversharing” originally published in 2014.
Supervisors and their direct reports are not equals. If you are a supervisor, I advise that you keep this golden rule in mind. When you are required to communicate a decision to your subordinate, understand that communicating does not mean “explaining.” Employees do not want to hear the full story behind the decision. Continue reading
Registration is now open for Young Conaway’s 2018 Annual Labor and Employment Law Seminar. The event will take place on April 12 at the Chase Center on the Riverfront. This year our speakers will be discussing the #MeToo Movement, marijuana and opioids in the workplace, and other important topics related to Employment Law.
Click here to find out more about this day-long program and how to register.
We hope to see you there!
By William W. Bowser
In my practice, drug and alcohol issues came to the forefront in the 90’s. There was a lot of publicity then about transit workers and big rig drivers causing accidents when they were high.
The Department of Transportation (“DOT”) responded by adopting regulations requiring CDL drivers to be tested for drugs under various scenarios. These scenarios included pre-employment, post-accident, and at random. Every employer with at least one CDL driver had to adopt a pretty comprehensive drug and alcohol policy. I drafted a lot of them.
Once the CDL drivers were covered, employers started expanding the scope of these policies to cover other employees. The stated purpose was to have an efficient and productive workplace and to protect the public. Continue reading
Recently there has been a lot of talk in Delaware regarding right-to-work laws.
When a private-sector company is organized, the union will try to negotiate a requirement that all employees either join the union and pay union dues or pay a so-called agency fee for the services provided by the union like negotiations and grievance processing. The National Labor Relations Act (NLRA) authorizes individual states to outlaw this practice. Any state who passes such a law is called a “right-to-work state.”
Delaware, like 21 other states, is not a right-to-work state. Delaware Governor Carney wants Delaware to stay that way. Continue reading