Secretary of Labor Discusses Delaware’s New Harassment Prevention Law

By Scott A. Holt, Esq.

From left to right: Lauren E. M. Russell, Esq.; Secretary of the Delaware Department of Labor, Cerron Cade; and Scott A. Holt, Esq.

On April 25, 2019, Young Conaway’s Labor and Employment attorneys hosted the 2019 Annual Employment Law Seminar at the Chase Center on the Riverfront.  The event drew over 200 attendees to learn about the latest federal and state employment and labor laws.  The seminar was comprised of both panel discussions and presentations about topics such as the ADA and FMLA, the new U.S. Department of Labor wage and hour overtime rules, and the new EEO-1 filing requirement.

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Delaware’s Mandatory Employee Sexual Harassment Training Law Is Now In Effect

By Scott A. Holt, Esq.

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

Medical Marijuana Card Holder Can Sue Employer For Violations of the DMMA

medical_marijuanaThe 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.

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Adventures in Cyber Security

cyber securityOne 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

An Update on Delaware’s Anti-Harassment Legislation

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

Internal Investigations: Get It Right or Pay the Price

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

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