Delaware is one step closer to legislating employers’ ability to manage their workforces. I testified yesterday about the significant flaws in H.B. 308, called the “Workplace Privacy Act.” The members of the Telecommunications, Internet, and Technology Committee nodded along, thanked me for my testimony, and then promptly voted to release the bill as is to the House of Representatives. This, my friends, is why I chose the legal profession over a career in politics. Continue reading
It’s only Wednesday but this has been a busy week already. If time allowed, I could write posts on several important employment-law-related topics. But, alas, my day job is keeping me busy, so this short-form recap of some of the more notable items will have to suffice. Continue reading
Delaware’s version of a Facebook-privacy law, called the “Workplace Privacy Act” (H.B. 308), will go to hearing on Wednesday before the Telecommunications, Internet, and Technology Committee in Delaware’s House of Representatives. The bill, as amended, purports to prohibit employers from requesting or requiring an employee’s or applicant’s password to his or her social-networking site. Continue reading
Delaware has joined several other States in proposing a Facebook privacy law, which would prohibit Delaware employers from requesting access to a candidate’s Facebook or other social-networking site.
Any lawyer will tell you that the practice of law differs greatly between States. Every State has a different legal culture and, in larger States, the culture can vary even more by judicial district. Florida is a great example of this–the way cases are litigated in Miami is tremendously different from the way they’re handled in Naples. Continue reading
Delaware’s medical-marijuana program has gone up in smoke. According to the News Journal, Gov. Markell “has suspended the regulation-writing and licensing process for medical-marijuana dispensaries–effectively killing the program.” The decision comes in response to a letter from U.S. Attorney Charles M. Oberly III. Continue reading
The Delaware Court of Chancery has issued Guidelines to Help Lawyers Practicing before the Court. Chancery Court Guidelines.pdf This guidance may be particularly helpful to attorneys unfamiliar with the level of civility expected of the Delaware Bar. The guidelines also include advice on “best practice, which are informative even for seasoned practioners. Here are some excerpts from the new guidelines: Continue reading
Delaware’s Workplace Fraud Act , passed in July 2009, currently prohibits employers in the construction services industry from misclassifying employees as independent contractors. An employer who misclassifies its employees-intentionally or unintentionally-may be subject to civil penalties of up to $5,000 per misclassified employee; restitution obligations; stop-work orders; debarment from public contracts; and civil suit by the aggrieve employee(s). Continue reading
Medical-marijuana laws have been blazing a trail across the U.S. since California’s passage of Proposition 215 in 1996. This year, the Delaware General Assembly began experimenting with marijuana legislation. With the passage of Senate Bill 17 (“S.B. 17”), on May 11, 2011, which was signed by Governor Markell immediately, Delaware joined the 15 other states and the District of Columbia that have bills legalizing marijuana for medicinal purposes. Continue reading
The Delaware Attorney General’s Office is seeking to appeal the Third Circuit’s ruling that Delaware’s labor apprentice law violated the commerce clause. That decision upheld an opinion in April 2010 by Judge Sue L. Robinson of the U.S. District Court for the District of Delaware that the state’s failure to recognize out-of-state registered apprentices under Delaware’s Prevailing Wage Law discriminated against out-of-state contractors by effectively forcing them to pay higher wages to apprentices than in-state competitors were required to pay. After the Third Circuit’s ruling, Tri-M sought more than $190,000 in attorney’s fees and costs from the State, but that petition was stayed by the District Court while the State petitions the United States Supreme Court to review the Third Circuit’s ruling.