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 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
Have you ever started a job and realized that it was not what you thought it would be? Or have you ever hired someone who seemed like a perfect fit in the interview and then was a total dud when they were on the job? Most of us have. But in a novel approach, some companies have taken charge and started to pay their employees to quit. Continue reading
The competition between companies attempting to attract and keep qualified workers has taken an interesting turn. The Minneapolis-based marketing firm Nina Hale recently added “Fur-ternity Leave” to their list of benefits. The company is now allowing employees a week to work from home after they adopt a new cat or dog, so that the animal can adjust to the new home environment. Continue reading
We’ve all heard the saying, “sticks and stones may break my bones, but words will never hurt me.” Well, a few weeks ago employees at the Ohio State University found their words coming back to hurt them and their employer in a big way. Continue reading
Training seems to be all the rage these days. From a possible new bill here in Delaware that would require sexual harassment training for employers with more than 50 employees, to implicit bias training, it seems that employers are realizing that the old standards of training aren’t enough. This has come about for many reasons. Continue reading
Workers’ compensation is a tough game, and it spares no one. But a recent decision from the Delaware Superior Court reminds us that there are some limits to when an employer can be held responsible for injuries occurring in out-of-office, work-sponsored events. Catch the details below. 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
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.”
The United States Supreme Court will hear argument next month in United States v. Windsor, which addresses the constitutionality of the federal Defense of Marriage Act (DOMA). Nearly 300 private-sector employers joined forces in opposition to the law, filing a joint amici brief. Among the employers who oppose the law are Citigroup, Google, Facebook, and Starbucks, reports the L.A. Times.
The employers voice a number of objections to the law, all arising from the conflict between state and federal law. Twelve states and the District of Columbia now recognize same-sex marriages. But federal law, pursuant to DOMA, prohibits the recognition of same-sex unions. Continue reading