Happy Holidays, with a Helping of the Flu

sneeze

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

Know Your Neighbors: A Gentle Reminder to Multi-State Employers

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

We’re Not Done Yet! FLSA2018-19

DOLThe Department of Labor’s Wage and Hour Division (WHD) have been busy bees!  The newest opinion letter, written by Acting Administrator Bryan L. Jarrett, provides insight into how to compensate employees who take numerous FMLA-protected breaks throughout the day (FLSA2018-19). Continue reading

New Trend in Maternity Leave

pink baby showerHere’s a headline that caught our eye: “Donating vacation time to new moms is a trendy co-worker baby shower gift.” That’s right, according to Good Morning America, it is becoming more popular for employers to allow their employees to donate their paid time off to their pregnant coworkers to allow them to have a longer maternity leave. Continue reading

Big Legislative Takeaways for Delaware

Saturday June 30 (and into the wee hours of Sunday July 1) saw the end of the fiscal year and with it came midnight and last minute (literally) deals in the Delaware General Assembly. Here were some of the biggest takeaways that will affect employment law: Continue reading

Third Circuit Ruling Regarding ADA, FMLA

From the Third Circuit Court of Appeals, we have a reminder that employees who request reasonable accommodations are not immune from disciplinary action, including termination. Stanley Kieffer was an employee of CPR LLC from 2003 to 2008, and again from 2010 to 2013. He began working at CPR LLC’s sister company, CPR Inc., in January 2014, and left in June of that same year. While he was employed at CPR LLC, Kieffer worked supervising disaster cleaning projects, and it was in this capacity that he injured his shoulder. From there, his troubles only continued. Continue reading

3d Cir. Rules on FMLA Definition of Overnight Stay

By William W. Bowser

Under the Family and Medical Leave Act, an eligible employee can take up to 12 weeks of protected leave for his or her own “serious health condition.” A “serious health condition” is defined by Department of Labor’s regulations as one “that involves inpatient care … or continuing treatment by a health care provider.” While many FMLA cases have focused on the meaning of “continuing treatment,” the definition of “inpatient care” has seen little review. A recent decision by the Third Circuit Court of Appeals, which covers Delaware, recently focused on the issue. Continue reading