Delaware News & Analysis

  • Labor Secretary speaks on Delaware's new harassment prevention law

    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 more than 200 attendees to learn about the latest federal and state employment and labor laws. The seminar was composed of both panel discussions and presentations on topics such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), the new U.S. Department of Labor (DOL) wage and hour overtime rules, and the new EEO-1 filing requirement.

  • DOL says FMLA leave mandatory for employees and employers

    After more than 25 years, you might think questions regarding proper interpretation of the Family and Medical Leave Act (FMLA) would be settled. It's a highly regulated law, and it provides employers far more detail and clarity than they get with most other labor and employment laws.

  • Tips to ensure you are prepared for a deposition

    For an HR professional, giving a deposition is a lot like visiting the dentist. You know it's necessary, but you probably aren't looking forward to it. You may be asked questions you don't want to answer (like how often you actually floss). And finally, consistently responsible practices should reduce your stress levels about the event, make it go a lot smoother, and prevent worse problems in the future.

  • Tips for successful succession planning

    Succession planning is an integral part of the ongoing success of most large corporations with boards of directors, various levels of company management, and vast talent pools from which future leadership can be drawn. Such organizations recognize that as the company evolves with new employees, new technology, a new culture, and new products or services—not to mention all the challenges associated with each of those changes—selecting and transitioning to leadership more adept at handling the company's evolution is vital to ensuring the business stays ahead of industry trends and challenges.

  • Workplace Trends

    NFIB speaks out against predictive scheduling laws. The National Federation of Independent Business (NFIB) issued a statement in March in opposition to state and local laws requiring employers to provide hourly workers their work schedules weeks in advance. The organization said such laws aren't always possible or realistic for small businesses. "It severely limits owners' control over their scheduling decisions and urgent business needs," the statement said. The organization pointed to laws in Oregon, Seattle, and San Francisco and said the unpredictability of staff needs in certain industries like construction and hospitality raises concerns. "The laws not only prevent employers from adjusting to market changes, bad weather, or other demands outside their control, but they also prevent employees from picking up additional work hours at a moment's notice or requesting unanticipated time off," the statement said.

  • Agency Action

    NLRB chair claims joint-employment comment review not outsourced. Responding to concerns from congressional Democrats, National Labor Relations Board (NLRB) Chair John F. Ring says his agency is not outsourcing the review of public comments on the joint-employer standard. In March, Ring wrote a letter to Bobby Scott, chair of the House Committee on Education and Labor, and Frederica S. Wilson, chair of the House Subcommittee on Health, Employment, Labor & Pensions, saying the Board has not outsourced the substantive review of comments on its Notice of Proposed Rulemaking on what constitutes joint employment. Instead, he said the NLRB decided "to engage temporary support on a limited, short-term basis to perform the initial sorting and coding of the public comments." He said the process ensures confidentiality protections are in place, and the Board's professionals will perform the first substantive review of the comments.

  • Will 3rd Circuit let employer follow arbitration agreement it didn't sign?

    On March 21, 2019, the U.S. 3rd Circuit Court of Appeals (whose rulings apply to all Delaware employers) heard arguments in a case that could affect whether employers can rely on binding arbitration agreements they didn't sign. Specifically, the employer is hoping to overturn a lower court decision denying its request to compel arbitration with a job applicant whose proposed class action claims the company violated the Federal Fair Credit Reporting Act (FCRA). Significantly, the applicant had an arbitration agreement with a staffing agency, but not with the would-be employer. Read on to learn how the appellate court's decision could affect future cases in which employers try to use arbitration agreements they didn't sign to bar court litigation.

  • Broken contracts' impact: 3rd Circuit backs employer with restrictive covenants

    What happens when your employee signs multiple restrictive covenant agreements with different terms and then violates them? A recent decision by the 3rd Circuit addresses a grant of preliminary injunction against an employee who signed multiple agreements with restrictive covenants and then violated them immediately upon starting work with a direct competitor.

  • Know the legal issues you face when employees work past 65

    According to the Bureau of Labor Statistics (BLS), about one-third of Americans between the ages of 65 and 69 are still employed. That number has been steadily rising, and it's expected to reach 36 percent over the next five years.

  • Walmart greeter fiasco provides important employment lessons

    Have you ever walked into a Walmart and been greeted by an employee—frequently disabled or elderly—who seemed to have no responsibilities other than to welcome customers to the store? Did you ever wonder what the point of the position was or why a corporation the size of Walmart would pay so many people to do it?