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

Local Case of Note: DDOL Wins Summary Judgment

The Case

deptoflaborThe Third Circuit recently had the opportunity to rule on a case brought against the Delaware Department of Labor’s Office of Anti-Discrimination (“OAD”), by its former Acting Administrator. The OAD was awarded summary judgment, and the Third Circuit confirmed the award, holding that even accepting all of the employee’s allegations as true, there was no legal basis to conclude that OAD had violated the federal Equal Pay Act. Continue reading

Recently Enacted Delaware Layoff Notification Law Imposes New Requirements on Delaware Employers

By Scott A. Holt

This article was updated on August 17, 2018

Effective January 7, 2019, Delaware private employers will need to comply with a new state law requiring 60 days advanced notice to affected employees and government officials of a mass layoff, plant closing or relocation. The new law, known as the Delaware Worker Adjustment and Retraining Notification Act (“Delaware WARN”), mirrors in many respects the federal Worker Adjustment and Retraining Notification Act (WARN). The Delaware WARN, however, differs from the federal WARN Act in four critical ways.   Continue reading

Change to Educator Discipline: An Update to Title 14 Chapter 12 of the Delaware Code

On July 11, Governor Carney signed a bill that changes Title 14, Chapter 12 of the Delaware Code and updates how educators in Delaware are reprimanded in certain instances. State employees who are involved in discipline of teachers, and teachers themselves, should become familiar with the slight, but important, changes that have gone into effect. Continue reading