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Home > State Law Articles > Delaware

Articles About Delaware Labor and Employment Law.

Delaware’s COVID-19 Considerations for Healthcare and Home Health Industries

September 18, 2020 | Littler Filed Under: General (DE)

Littler

Delaware Governor Carney recently issued the Twenty-Seventh Modification: State of Emergency Declaration.  The recent guidelines, which became effective September 4, 2020, contain several sector-specific requirements affecting the health and home care industries operating in Delaware.

Delaware’s COVID-19 Considerations for Health Care and Home Health Industries

September 17, 2020 | Littler Filed Under: General (DE)

Littler

Delaware Governor Carney recently issued the Twenty-Seventh Modification: State of Emergency Declaration.  The recent guidelines, which became effective September 4, 2020, contain several sector-specific requirements affecting the health and home care industries operating in Delaware.

Delaware Court Upholds Denial of Workers’ Compensation Benefits for Medical Marijuana Costs

August 6, 2020 | Jackson Lewis Filed Under: General (DE)

Jackson Lewis

The compensability of medical marijuana costs for a workers’ compensation claim turns on an individualized inquiry of whether such treatment is reasonable and necessary, and not whether the use of medical marijuana is permissible under state law, according to the Delaware Superior Court.  Nobles-Roark v. Back Burner, Case No. N19A-11-001

Status of Delaware’s Return-to-Work Reopening Plan

July 23, 2020 | Littler Filed Under: General (DE)

Littler

Last month, Delaware Governor John Carney announced that the state would move to Phase 2 of its reopening plan.  Since entering Phase 2, Delaware has announced there would be a delay in progressing to Phase 3, but moved to an expanded rolling Phase 2 reopening.  Delaware also paused certain

Delaware Issues Guidance for Employers as State Enters Phase 2 of Reopening Plan

June 17, 2020 | Ogletree Deakins Filed Under: General (DE)

Beginning on June 15, 2020, at 8:00 a.m., Delaware will move into the second phase of its three-phase reopening plan following the recent lifting of the state’s stay-at-home order. In Phase 2, retail establishments, restaurants, and other businesses that were previously permitted to reopen at 30 percent of fire occupancy

Court Rejects Delaware Choice of Law Provision in Refusing to Enforce Customer Non-Solicitation Covenant Against California Employee

September 9, 2019 | Jackson Lewis Filed Under: General (DE)

Jackson Lewis

On August 26, 2019, the Delaware Chancery Court invalidated a California employee’s customer and employee non-solicitation covenant on the grounds that it violated California law. In doing so, the Court rejected the plaintiff company’s attempt to override California law by including a Delaware choice of law provision in the underlying agreement.

Delaware Court Holds Federal Law Does Not Preempt Employee Protections under State Medical Marijuana Law

January 13, 2019 | Littler Filed Under: General (DE)

Littler

The Superior Court of Delaware recently issued a decision confirming the state’s protections for medical marijuana users. On December 17, 2018, in Chance v. Kraft Heinz Foods Co., the court held that the federal Controlled Substances Act (CSA), which prohibits the use and sale of marijuana, does not preempt Delaware’s Medical Marijuana Act (DMMA). While the Chance decision is not unique—both Connecticut1 and Rhode Island2 have recently issued decisions that reached the same conclusion—the decision is noteworthy as Delaware is one of the few states that expressly prohibits the discipline or discharge of employees who use medical marijuana outside of work and subsequently test positive on a job-related drug test absent evidence of on-duty use/possession or impairment. The language of the DMMA was therefore arguably more susceptible to a challenge that a conflict existed between state and federal law. The decision is also the first to imply a private cause of action under DMMA’s employment anti-discrimination provision.

Delaware State Court Holds That Medical Marijuana User May Proceed With Lawsuit Against Employer

January 6, 2019 | Jackson Lewis Filed Under: General (DE)

Jackson Lewis

A Delaware state court has held that a medical marijuana user may proceed with a lawsuit against his former employer after his employment was terminated due to a positive drug test result for marijuana. Chance v. Kraft Heinz Foods Co., C.A. No. K18C-01-056 NEP (Del. Super. Ct. Dec. 17, 2018).

Delaware Court Grapples With Enforcement of Choice of Law Provisions in Restrictive Covenant Agreements

December 11, 2018 | Jackson Lewis Filed Under: General (DE)

Jackson Lewis

When implementing restrictive covenant agreements in their workforces, companies often grapple with how best to handle the wide variation in the law from one state to the other. One solution is to include a choice of law provision that calls for all agreements to be construed under the laws of a single state.

Delaware Adopts State Worker Adjustment and Retraining Notification Act

October 21, 2018 | Jackson Lewis Filed Under: General (DE)

Jackson Lewis

Beginning January 7, 2019, Delaware law will require certain businesses doing business in the state to provide at least 60 days’ advance notice of mass layoffs, plant closings, or relocations.

New Delaware Anti-Sexual Harassment Law Includes Notice Distribution, Training Requirements

September 5, 2018 | Jackson Lewis Filed Under: General (DE)

Jackson Lewis

A new Delaware law specifically addresses the prohibition against sexual harassment under the Delaware Discrimination in Employment Act (DDEA), sets an affirmative defense for employers, imposes mandatory notice distribution on employers with at least four employees within the state, and provides anti-sexual harassment training requirements for employers with at least 50 employees in the state.

Delaware Adopts Law Expanding Sexual Harassment Protections and Requiring Employee Training

August 30, 2018 | Littler Filed Under: General (DE)

Littler

On August 29, 2018, Delaware Governor John Carney signed into law a bill (SB 360) addressing sexual harassment in the workplace. The new law broadly defines, and prohibits, sexual harassment and retaliation. The statute obligates employers (with 4 or more employees) to issue an information sheet on sexual harassment. It also requires larger employers (with 50 or more employees) to provide sexual harassment training for all employees and supervisors, making Delaware the fifth state to statutorily mandate sexual harassment training. The Delaware law will become effective on January 1, 2019.

Delaware Compensation History Ban: Another State Making A Pronouncement About Pay Equity

August 30, 2017 | Jackson Lewis Filed Under: General (DE)

Jackson Lewis

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.

Delaware: The Latest State to Amend its Data Breach Notification Law

August 24, 2017 | Jackson Lewis Filed Under: General (DE)

Jackson Lewis

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).

Delaware Enacts Law to Address Gender Pay Gap By Prohibiting Employers From Requesting Compensation History of Job Applicants

June 20, 2017 | Littler Filed Under: General (DE)

Littler

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.

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