Put the Penn Down: 3rd Circuit Decision and its Effect on ERISA Class Action Claims

On May 2, a three-judge panel overturned a lower court’s decision in an Employee Retirement Income Security Act (ERISA) class action case in a 2-1 decision. The case, Sweda et al., v. University of Pennsylvania et al., centered on a group of University of Pennsylvania employees who felt that the school was not meeting its fiduciary burden when managing their retirement funds.

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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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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

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

McDonald’s says #MeToo

Macky D'sThe news has primarily focused on the effects of the #MeToo movement in high-profile industries. The numerous falls from grace of once-prominent men (and occasionally women) in politics, comedy, and film have percolated throughout news cycles for the last twelve months. Often, the women reporting the harassment or assault had their careers stunted or completely derailed by their harassers, typically (but not universally) men who were in a position of power. But on September 18 a group of women who have been previously largely overlooked came forward. Fast-food workers from McDonald’s chains in ten different cities went on strike to protest both the sexual harassment they endure, and the indifference with which their complaints are met. 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

Sexual Harassment Training Now Mandated: An Update on the Passage of House Bill 360

On June 12, 2018 House Bill 360 (HB360) was substituted in the House by House Substitute 1(HS1). It was voted out of Committee on June 20 and the final bill was passed on July 1 by the General Assembly. The final bill that passed had an amendment that changed some of the wording, which we discuss below. This bill will take effect on January 1, 2019. In the meantime, we have broken down the most significant differences between the original bill and its substitute. Continue reading