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

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

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

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

Is It Time to Rethink Your Zero Tolerance Drug Policy?

By William W. Bowser

Background

In my practice, drug and alcohol issues came to the forefront in the 90’s. There was a lot of publicity then about transit workers and big rig drivers causing accidents when they were high.

The Department of Transportation (“DOT”) responded by adopting regulations 5161819684_6b310a493b_zrequiring CDL drivers to be tested for drugs under various scenarios. These scenarios included pre-employment, post-accident, and at random. Every employer with at least one CDL driver had to adopt a pretty comprehensive drug and alcohol policy.  I drafted a lot of them.

Once the CDL drivers were covered, employers started expanding the scope of these policies to cover other employees. The stated purpose was to have an efficient and productive workplace and to protect the public. Continue reading

How Not to Fire High Profile Employees

By Lauren E.M. Russell

The more technological of our readers may be aware of a brouhaha involving a website named Reddit.  Reddit is best known, among the general population, for conducting structured question-and-answer sessions called Ask Me Anything (AMA), in which subjects respond to questions posted by Reddit users. The subjects of an AMA may range from the mundane (a trash man) to extremely high profile politicians, including President Obama. One Reddit employee, Victoria Taylor, was largely responsible for organizing and facilitating AMAs. She was fired in early July, and the resulting firestorm offers many lessons in what not to do when terminating a high profile employee. Continue reading