Jackson Lewis P.C. • August 30, 2017
With another Labor Day approaching, employers are once again thinking about the many tasks that need to be completed before year end. Let’s add one more – remembering to add Delaware to the list of jurisdictions prohibiting employers from asking applicants’ compensation history pre-offer. The synopsis of the law states that when an employer affirmatively asks about pay history, it perpetuates gender disparities from one job to another.
Jackson Lewis P.C. • August 24, 2017
Delaware joins the growing number of states that recently amended their data breach notification law. On August 17th, Delaware amended its data breach notification law with House Bill 180, the first significant change since 2005, effective 240 days after enactment (on or about April 14, 2018).
Ogletree Deakins • June 28, 2017
On June 14, 2017, Delaware’s governor signed a measure enacting a pay history inquiry ban similar to those enacted recently in Massachusetts, New York City, Philadelphia, and Puerto Rico. Specifically, Title 19 of the Delaware Code, relating to unlawful employment practices, has been amended to now make it unlawful to (1) screen applicants based on their compensation histories, including by requiring that an applicant’s prior compensation satisfy minimum or maximum criteria; or (2) seek the compensation history of an applicant from the applicant or a current or former employer.
A new Delaware law will prohibit employers from screening job applicants based on their salary history and from asking a current or former employer about an applicant's compensation history. Delaware Gov. John Carney signed the law on June 14, and it will take will take effect in December 2017.
Littler Mendelson, P.C. • June 20, 2017
On June 14, 2017, Delaware Governor John Carney signed a new law to address the pay gap between men and women by prohibiting prospective employers from asking job applicants about their salary history. Delaware’s law, which garnered significant bipartisan support, is based on the same rationale used for similar measures enacted in Oregon, Massachusetts, New York City, and Philadelphia: pay inequities are perpetuated when current pay is based on past employer decisions that could have been discriminatory based on gender. The new law aims to reduce persistent pay gaps between the genders by prohibiting inquiry into a job applicant’s compensation history, with the hopes of encouraging employers to proactively assess pay based on other factors, such as merit, experience, and the market.
Jackson Lewis P.C. • October 04, 2016
The importance of drafting non-competition and other restrictive covenant agreements narrowly in terms of geography, duration and scope of activities to reasonably meet the employer’s legitimate business interests should not be underestimated. A recent decision from the Southern District of Texas illustrates the importance of narrowly crafting post-employment restrictions.
Young Conaway Stargatt & Taylor, LLP • November 20, 2015
All businesses have customers. Many maintain an electronic database of their customers that includes such things as contact information, pricing and purchasing information, and other data that has been collected through time and expense. This database can be an important asset to the business and provide it with a competitive advantage in the marketplace. As such, a majority view this information as “confidential” and believe it constitutes a “trade secret” and thus is protected from unauthorized disclosure under the law.
XpertHR • August 14, 2015
A new Delaware privacy law bans employers from demanding access to a job applicant's or employee's personal social media accounts. Effective August 7, the Delaware Code will be amended to include safeguards for the online activities of employees and applicants.
Young Conaway Stargatt & Taylor, LLP • June 25, 2015
Marijuana is back in the news here in Delaware. Our state’s first Compassion Center is set to open later this month and legislation decriminalizing the sacred herb has been signed into law by Governor Jack Markell.
Young Conaway Stargatt & Taylor, LLP • June 05, 2015
A bill pending in the Delaware legislature would expand the state’s anti-discrimination statute. House Bill 4 would prohibit discrimination on the basis of domestic violence, sexual offense, or stalking. If passed, the bill would have important implications for Delaware employers. Here’s what you need to know.