Delaware’s Mandatory Employee Sexual Harassment Training Law Is Now In Effect

By Scott A. Holt, Esq.

On January 1, 2019, the new law specifically addressing the prohibition against sexual harassment under the Delaware Discrimination in Employment Act (DDEA) went into effect.  One of the biggest changes is the requirement that larger employers provide interactive training and education to employees regarding the prevention of sexual harassment.  Below are answers to some of the most common questions being asked. Continue reading

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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Adventures in Cyber Security

cyber securityOne of the most exciting aspects of employment law is the inexhaustible list of ways that employees find to get themselves—and their employers—into trouble.  Recently, we have observed an uptick in electronic security attacks which makes the close of 2018 a perfect time to refresh ourselves on the “Dos” and “Don’ts” of cyber security. Continue reading

Happy Holidays, with a Helping of the Flu

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The 2017-18 flu season was unusually bad, and many employers found themselves stuck between meeting their staffing needs and avoiding the spread of a virulent flu strain.  While the 2018-19 cold and flu season is forecast to be less brutal, employers should take this opportunity to revisit their pandemic preparedness.  Following are some thoughts on preventing and preparing for the next big outbreak. Continue reading

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