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

We’re Not Done Yet! FLSA2018-19

DOLThe Department of Labor’s Wage and Hour Division (WHD) have been busy bees!  The newest opinion letter, written by Acting Administrator Bryan L. Jarrett, provides insight into how to compensate employees who take numerous FMLA-protected breaks throughout the day (FLSA2018-19). Continue reading

Wage and Hour Update: New Opinion Letters

DOL_Timesheet_appThe Department of Labor’s Wage and Hour Division (WHD) resumed their practice of issuing opinion letters in 2017. Since then, they have issued several, including one last spring that pertained to paid travel time when attending a conference or other work-related matter (FLSA2018-18). 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

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

Just When You Thought It Was Safe to Go Back in the Water…

The Third Circuit has updated its decision on transgender bathroom policies, which we discussed previously here. The precedential opinion, which was filed on June 18, was revised on July 26 to take a softer stance on whether the decision to require transgender students to use separate, single-stall bathrooms violates federal law. The same panel that issued the original decision issued the revised decision and denied allowing the case to be reheard with a full court. The attorneys for the students have two weeks to renew their request. The attorneys argue that the first ruling—among other things—conflated gender and sex, and ignored long-standing precedent regarding sexual harassment and bodily privacy. This case is a contentious one, with Circuit Judge Kent A. Jordan, joined by Judges Michael Chagares, Thomas Hardiman, and Stephanos Bibas, writing a strongly worded dissent recommending that the Third Circuit rehear the case en banc, meaning that every judge sitting on the appellate court would be asked to hear and rule on the matter.  We will monitor the situation and keep you apprised of any updates to this case.