Secretary of Labor Discusses Delaware’s New Harassment Prevention Law

By Scott A. Holt, Esq.

From left to right: Lauren E. M. Russell, Esq.; Secretary of the Delaware Department of Labor, Cerron Cade; and Scott A. Holt, Esq.

On April 25, 2019, Young Conaway’s Labor and Employment attorneys hosted the 2019 Annual Employment Law Seminar at the Chase Center on the Riverfront.  The event drew over 200 attendees to learn about the latest federal and state employment and labor laws.  The seminar was comprised of both panel discussions and presentations about topics such as the ADA and FMLA, the new U.S. Department of Labor wage and hour overtime rules, and the new EEO-1 filing requirement.

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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

Internal Investigations: Get It Right or Pay the Price

It will come as no surprise to most of our readers that, in the 12 to 14 months following the advent of the #MeToo movement, we have seen a marked uptick in the request for advice and assistance in the conduct of sexual harassment investigations.  Below are some thoughts to keep in mind when approaching this issue, and when to bring in the professionals. Continue reading

EEOC Sees Uptick in Sexual Harassment Charges, Lawsuits Filed in 2018

eeoc_3As the #MeToo movement reaches its first anniversary this year, we have been reflecting on what a dynamic year it has been for employment law. It’s almost hard to believe that it has only been one year since the earth-shattering allegations against Harvey Weinstein were made public, catalyzing the movement.  Perhaps unsurprisingly, one of the biggest effects of the #MeToo movement has been an increase in the number of sexual harassment charges and lawsuits filed in 2018.  A similar swell was seen in the year following the Anita Hill hearings, as Clarence Thomas was confirmed to the U.S. Supreme Court. 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

Quitting Is for Quitters: And It Leads to Liability

Chief Executive of CBS Leslie Moonves stepped down on Sunday after a second article appeared in the New Yorker detailing allegations of sexual misconduct. When the first article came out, CBS agreed to look into the allegations but kept Moonves around while the investigations could take place. When six new women came forward with disturbing allegations, Moonves finally stepped down. Continue reading

Fly Like an Eagle . . . Or Not

FA2Ahh, the luxury of flying. Getting to sit incredibly close to strangers, being cut off from your email, and having a delicious choice of broken cookies or bland pretzels to snack on. Bliss. Well now you can add sexual predators to that charming list of flight hazards. 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

Big Legislative Takeaways for Delaware

Saturday June 30 (and into the wee hours of Sunday July 1) saw the end of the fiscal year and with it came midnight and last minute (literally) deals in the Delaware General Assembly. Here were some of the biggest takeaways that will affect employment law: Continue reading