Del. Supreme Court Warns Lawyers to Mind the Clock

The Delaware Supreme Court started the New Year with a resolution of sorts for lawyers. In a decision issued on January 2, 2013, the Court instructed that, if counsel agrees to alter a deadline in the trial court’s scheduling order, all remaining deadlines will be rendered inapplicable:

Henceforth, parties who ignore or extend scheduling deadlines without promptly consulting the trial court will do so at their own risk. In other words, any party that grants an informal extension to opposing counsel will be precluded from seeking relief from the court with respect to any deadlines in the scheduling order.

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Dealing With Difficult People

We deal with difficult people everywhere, really. At work, we may have to deal with difficult people as co-workers, as customers, as vendors, and as bosses, just to name a few.

Difficult people come in all shapes and sizes. The street bully is the difficult person who yells and throws insults to get his or her way. The silent killer uses passive-aggressive tactics to wage wars based on sabotage. In today’s post, though, I have in mind the rough and rude bully type–the difficult person who pushes his or her way around like a bull in a china store and expects everyone to jump into action at his or her command. Continue reading

In the U.S. Unlawfully But Eligible for Workers’ Comp?

Is an employee who is in the country illegally a covered “employee” under the Workers’ Compensation laws? That was the question of first impression presented to the Delaware Superior Court in Del. Valley Field Servs. v. Ramirez, (PDF) No. 12A-01-007-JOH (Sep. 13, 2012). The court concluded that the answer is “yes,” and ordered that the former employee, who has since been deported to Honduras, is eligible to receive benefits under Delaware’s workers-compensation statute. Continue reading

YCST Attorneys Present at DELPELRA Conference

DELPELRA logoAttorneys from Young Conaway traveled to Dover today to present at the Annual Training Conference for the Delaware Public Employer Labor Relations Association (DELPELRA).

Tim Snyder presented on the impact of health care reform on public employers. He also gave an overview of what public employers are doing to address the challenges of funding their pension plans. Continue reading

Delaware Adds Public Shame to Its Arsenal of Weapons to Fight Misclassification

make you feel smallEmployers in the construction industry should, by now, be painfully aware of the Delaware Workplace Fraud Act, signed into law in 2009. The Act imposes stiff penalties on construction-services employers who misclassify employees as “independent contractors.”

As a result of amendments signed into law on July 12, 2012 (HB 222.pdf), the General Assembly has added more teeth to the law, in the form of public shame. Now, the name of any employer that has violated the Workplace Fraud Act will be posted on the Department of Labor’s website for a period of 3 years from the date of the final determination. Continue reading

Delaware Employer Honored for Its Support of Military Employees

Siemens Corporation was selected to receive the 2012 Secretary of Defense Employer Support Freedom Award.  The company was nominated by an Army Reservist with Siemens Healthcare Diagnostics of Glasgow, Delaware.  Only 15 employers nationwide will be honored with the award, the DoD’s highest recognition given to employers for exceptional support of Guard and Reserve employees.  The company was selected from more than 3,000 nominees.DoD_thumb Continue reading

Delaware to Get Its Very Own Background-Check Center

Delaware employers in the long-term- and community-care industries are subject to new background-check requirements.  The Delaware Code as amended by S.B. 216 to establish an electronic web-based “background check center” for employment in long-term care or community settings.  S.B. 216 was signed by Gov. Markell on July 5, 2012.  Continue reading

Delaware’s Workplace Privacy Act Lives to See Another Day

Delaware’s version of the “password-privacy” laws currently pending in state legislatures across the country lives to see another day.  H.B. 308, titled the “Workplace Privacy Act,” was released from Committee last month and made it to the House a few weeks ago. It’s slowly been making its way to the top of the agenda and closer to a vote by the House of Representatives. Continue reading

Delaware’s EEOC Charges of Discrimination for FY 2011

The EEOC recently released new data, which identifies the number of charges filed by state. It’s no surprise that the number of charges has increased steadily over the past three years, up from 163 charges filed in FY 2009, to 175 in FY 2010, to 228 last year.
But the percent of charges filed in Delaware as compared to the rest of the U.S. has remained consistent for the past 3 years–making 0.2% of the total charges filed in the U.S. Continue reading