Total Articles: 31
Delaware Court of Chancery Issues Guidelines for Attorneys
The Delaware Court of Chancery has issued Guidelines to Help Lawyers Practicing before the Court. Chancery Court Guidelines.pdf This guidance may be particularly helpful to attorneys unfamiliar with the level of civility expected of the Delaware Bar. The guidelines also include advice on "best practice, which are informative even for seasoned practioners. Here are some excerpts from the new guidelines:
Will Delaware's Medical Marijuana Law Go Up In Smoke?
Delaware legalized marijuana for medicinal uses in May 2010. The law provides that Delaware residents with certain specific medical conditions will be able to legally purchase marijuana at "compassion centers" in the State. While the law is now technically in effect, there are no compassion centers to make a purchase. That's because the Delaware Department of Health and Social Services has not yet issued the needed regulations. The law requires the DHSS to issue the regulations by July 1, 2012.
Employees’ Secret Tape Recordings
Can an employee lawfully make a secret tape recording of a conversation that she has with her supervisor, a coworker, or customer that occurs in the workplace? Not in Delaware. Delaware is an “all-party consent State,” which means that a private conversation cannot be recorded without the consent of all of the parties participating in the conversation. This applies to telephone calls as well as to in-person conversations. Some states, such as Maryland, are “one-party consent States,” which means that only one of the parties involved must consent to the recording. (Think Linda Tripp, for example.)
'Cat's-paw' decision has broader implications (pdf).
What is the "cat's-paw' theory, and why should Delaware employers care?
A recent decision from the Third U.S. Circuit Court of Appeals (which
includes Delaware) helps explain.
Disaster preparedness in the wake of Delaware's recent disasters
Many Delaware residents experienced their first earthquake this summer.
On the heels of the earthquake came hurricanes Irene and Lee, which left
a path of destruction in the form of flooding and power outages
throughout the region. How, as an HR professional, do you advise
management to handle these crises ― whether they're fleeting or result in
a more drastic or lasting impact?
Social-Networking-Policy Fever Continues in Delaware
Employees of Delaware’s capital may soon be subject to a social-networking policy. The City of Dover has proposed a new policy on employees’ on-duty and off-duty use of social-media sites, such as Facebook, Twitter, and YouTube, reports The News Journal.
Delaware's Workplace Fraud Act to Expand Again?
Delaware’s Workplace Fraud Act , passed in July 2009, currently prohibits employers in the construction services industry from misclassifying employees as independent contractors. An employer who misclassifies its employees—intentionally or unintentionally—may be subject to civil penalties of up to $5,000 per misclassified employee; restitution obligations; stop-work orders; debarment from public contracts; and civil suit by the aggrieve employee(s).
Hair Today, Gone Tomorrow
A new opinion from the Delaware Superior Court sheds light on when off-duty conduct justifies an employee’s termination for purposes of denying unemployment benefits. Because Delaware is an at-will state, it is well established that an employer may terminate an employee for off-duty conduct. However, an employer must have “just cause” for termination in order to avoid payment of unemployment benefits. The Superior Court’s opinion clarifies that an employee’s off-duty conduct must have a non-speculative impact on the employer’s business in order to constitute “just cause” for termination.
Waiting to Exhale: Delaware’s Medical-Marijuana Law
Medical-marijuana laws have been blazing a trail across the U.S. since California’s passage of Proposition 215 in 1996. This year, the Delaware General Assembly began experimenting with marijuana legislation. With the passage of Senate Bill 17 (“S.B. 17”), on May 11, 2011, which was signed by Governor Markell immediately, Delaware joined the 15 other states and the District of Columbia that have bills legalizing marijuana for medicinal purposes.
Delaware's civil-union law, part II: benefits under federal law
In last month's newsletter, we addressed some of the implications of Delaware's Civil Union and Equality Act of 2011 (CUEA), which takes effect January 1, 2012. This article addresses the ways in which the bill may or may not affect employers whose benefit structure is governed by federal law.
Delaware A.G. Appeals Tri-M Decision
The Delaware Attorney General’s Office is seeking to appeal the Third Circuit’s ruling that Delaware’s labor apprentice law violated the commerce clause.
Delaware's Civil Union Bill Is Signed Into Law
Last night, Governor Markell signed Delaware's civil union bill into law. The new law will go into effect on January 1, 2012.
Civil Unions: Federal Tax and Benefit Implications
Last week, we addressed some of the implications of Delaware’s Civil Union and Equality Act (the “CUEA”) of 2011, which will become effective on January 1, 2012. In this post, we will address the ways in which the bill may or may not affect employers whose benefit structure is governed by federal law.
Same-Sex Civil Unions Recognized in Delaware
The Delaware House of Representatives voted yesterday in favor of Senate Bill 30, a bill that would create same-sex civil unions in Delaware, and recognize civil unions performed in other states. The bill also changes all sections of the Delaware Code where marriage is mentioned, by requiring that the word “marriage” be read to mean “marriage or civil union.”
Update: Delaware's Civil Union Bill
I reported last week that the Delaware Senate was considering a bill that would recognize civil unions. The Wilmington News Journal reports that the State Senate voted to approve the Civil Union and Equality Act of 2011 yesterday. The House is expected to vote on the legislation on Thursday, April 15, so stay tuned.
Delaware Legislature Considers Same-Sex Civil Unions
Delaware's General Assembly will consider a new bill that would permit civil unions for same-sex couples. The Civil Union and Equality Act of 2011 was introduced by Sen. Sokola & Sorenson and Reps. George & Schooley.
Delaware Legislature Buzzing Over Medical Marijuana
A bill to permit the use of marijuana for medical purposes was introduced in the Delaware General Assembly yesterday. Senate Bill 17, if enacted, would create an exception to Delawares criminal laws by permitting the doctor-recommended medical use of marijuana by patients with serious medical conditions. A patient would be protected from arrest if his or her physician certifies, in writing, that the patient has a specified debilitating medical condition and that the patient would receive therapeutic benefit from medical marijuana.
Termination: Delaware Supreme Court Clarifies Requirements for Teacher Terminations (pdf).
In a recent decision, the Delaware Supreme Court clarified key
procedural requirements for terminating nontenured teachers.
Race Discrimination: Employees Need 'More Than a Feeling'.
A recent decision issued by Delaware's federal court underscores the
importance of employer documentation. The court dismissed an
employee's race discrimination lawsuit, relying in part on the
employer's annual reviews and progressive disciplinary procedure to
document fair and consistent treatment of the complaining employee.
Delaware Court's Dress Code Sparks Controversy (?)
Delaware's Kent County Superior Court has issued a new dress code (pdf) for litigants and observers. The dress code provides that "appropriate dress" that is "consistent with the seriousness and dignity of the judicial process" will be required to gain access to the courthouse. The dress code goes on to say that attire must be "constructed and worn in such a manner that it is not unduly revealing or offensive."
Delaware Employers, Are You Ready for the Cell-Phone Ban?
Delawares law banning calling and texting while driving takes effect in January. Eric Ruth, of the Wilmington News Journal, details what Delaware's new no-cell-phone law does and does not require and, with a few suggestions from Adria B. Martinelli, offers ways that employers can begin to prepare.
On the road again: implications of Delaware's new cell phone Law (pdf).
On July 6, Governor Jack Markell signed legislation restricting drivers'
cell phone use. The law takes effect January 2, 2011. A similar law is
already in effect in Wilmington and Elsmere, so this law is nothing new
for many Delaware drivers. However, the statute makes the ban
statewide, eliminating the patchwork system that varies by municipality.
The anticipated result is safer roads and modified policies to make your
employees safer. What does the new driving law have to do with
employment law? Read on to find out.
There's got to be something in the file.
The Delaware Supreme Court has clarified key procedural requirements for terminating non-tenured teachers set forth in a decision issued last week, Angstadt v. Red Clay Consolidated School District.
You made me promises, promises.
A recent decision by the Delaware Superior Court permitted an employee's
case to go to trial based on his supervisor's vague statement that he would
be "taken care of" if he stayed on through completion of a project. The
employee inferred from the statement that he would receive a substantial
and unprecedented preretirement bonus. He received a bonus that was
much smaller than expected, and he sued for the rest. This decision serves
as an important reminder of the inherent risk when managers make oral
representations regarding compensation.
Pending Delaware Legislation May Affect Employee Credentialing.
Delawares legislature has bills pending which may change how some employers credential their employees.
Prevailing Wage Law Catch 22: Restrictions on Use of Out-of-State Apprentices Held Unconstitutional.
Federal Judge Sue L. Robinson, U.S. District Court for the District of Delaware, has issued an important decision affecting Delaware employers in a case captioned, Tri-M Group, LLC v. Sharp, C.A. No. 06-556-SLR (D. Del. Apr. 14, 2010).
DDOL Statistics Indicate a Very Busy Year.
The Delaware Department of Labor's (DDOL) Office of Anti-
Discrimination is the state agency responsible for processing
discrimination charges filed by employees. The DDOL has published its
yearly statistics for fiscal year (FY) 2009, which provide helpful "insider
information" about the types of charges that are most often filed and
most often successful. Here's a summary of some of the key findings.
What the Delaware Charge Statistics Mean for Employers.
Delaware Department of Labor (DDOL) Office of Anti-Discrimination recently released its fiscal-year statistics relating to the charges filed and resolved in FY2009. I posted previously about the stats, including some (hopefully) helpful charts that show the trends over time.
2009 Stats on Delaware Charges of Discrimination.
Delaware Department of Labor (DDOL), has published its yearly statistics for FY2009 relating to the charges of discrimination filed with its Office of Anti-Discrimination. Here are some highlights:
Delaware Employers, Whats the Problem?
Delaware employees are not very satisfied with their work. In fact, according to the results of a recent Gallup poll, Delaware workers are the least satisfied in the entire country. When Delaware reporter Eric Ruth alerted me to the poll results I was, admittedly, stunned. I never would have guessed that the employers in our State are failing so badly to keep their workforce engaged. Being a self-proclaimed evangelist for the workplace-engagement initiative, I feel compelled to do whatever I can to improve Delawares wretched statistics. But where to start? How about with the basics.
Delaware Retirees' Personal Info Accidentally Posted Online
Social security numbers, gender, and dates of birth of approximately 22,000 State of Delaware retirees was accidentally posted online. According to the AP as reported in the Newark Post, Aon Consulting accidentally posted the information to the procurement section of the State's website as part of an RFP for the State to solicit bids from insurance companies to provide vision benefits to current employees and retirees. The data remained online for five days before being removed. The employees' names were not posted.
