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.
Author Archives: William W. Bowser, Esq.
What Now? Public Employer Obligations After Janus
Last week, the U.S. Supreme Court issued its landmark decision in Janus vs. AFSCME. The opinion prohibits public employers from collecting fair share fees from employees who have refused to join a union. In the aftermath of Janus, public employers need to be taking immediate steps to stop any such deductions. They also need to prepare for current union members who may seek to revoke any authorization that they had previously provided. Continue reading
Supreme Court Update: Janus v. AFSCME
The U.S. Supreme Court ruled today that public sector employees cannot be forced to pay “fair share” fees if they refuse to join a union. This decision impacts all Delaware public sector employers, employees, and unions. Continue reading
Young Conaway attorneys Attend Conference in New Orleans
Last week, Young Conaway attorneys Bill Bowser, Scott Holt, and Lauren Russell attended the annual conference of the Employers Counsel Network (ECN) in New Orleans. The ECN is a group of highly regarded law firms with top notch labor and employment lawyers from every state in the U.S. Young Conaway has been a proud member of the ECN for about 20 years. Continue reading
Supreme Court to Hear Arguments on Fair Share Fees
On Monday, February 26th, the U.S. Supreme Court will hear oral arguments in Janus v. AFSCME, Council 31, a case that could have a substantial impact on Delaware’s public-sector employers and employees. The Court is being asked to decide whether a public-sector employee who refuses to join a union can be required to pay so-called fair share fees to the union.