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.
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