The 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.
Juli Briskman, a Marketing Analyst for Akima LLC, was forced to resign from her position in October 2017 following her flipping off a Trump Motorcade. Ms. Briskman thought she was legally exercising her civil disobedience, but when the picture when viral, the situation became much more complicated. Continue reading
Workers’ compensation is a tough game, and it spares no one. But a recent decision from the Delaware Superior Court reminds us that there are some limits to when an employer can be held responsible for injuries occurring in out-of-office, work-sponsored events. Catch the details below. Continue reading
At our Annual Employment Law Seminar last week, I spoke about the “Facebook Privacy” bill that was then pending in Delaware’s House of Representatives. The bill passed the House on later that day and is now headed to the Senate. For those of you who weren’t in attendance last week, here’s a brief recap of the proposed law. Continue reading
Employers, do you know what apps your employees are using? That’s the question posed by a recent article in the WSJ. (See Companies Don’t Know What Apps Their Employees Are Using). My guess is that the answer to this important question is, “No.” Here are my top tips for how not to be the employer discussed in the WSJ article.
First, have a policy about employees’ use of cloud-based apps to save work-related documents. Consider prohibiting employees from saving work documents to cloud-based storage accounts such as Dropbox, SkyDrive, and Box.net. Also consider prohibiting employees from backing up the contents of their work laptops to cloud-based back-up accounts, such as Mozy and Carbonite. Continue reading
Employers face a serious challenge when trying to prevent employees from taking confidential and proprietary information with them when they leave to join a new employer-particularly when the new employer is a competitor. When an employer becomes suspicious about an ex-employee’s activities prior to his or her last day of work, there are a limited number of safe avenues for the employer to pursue.
Generally, an employer should not review the employee’s personal emails or text messages if they were sent or received outside the employer’s network. But what if the employee turns over his personal emails or text messages without realizing it? The answer is, as always, “it depends.” A recent case from a federal court in California addresses the issue in a limited context. Continue reading
Delaware’s Governor has signed legislation related to the safe destruction of documents containing personal identifying information. The bill is effective January 1, 2015, and requires that commercial entities take all reasonable steps to destroy a consumer’s personal identifying information within the business’s custody and control, when the information is no longer to be retained. Destruction includes shredding, erasing, or otherwise destroying or modifying the personal identifying information to make it entirely unreadable or indecipherable through any means. Continue reading