Articles About Delaware Labor and Employment Law.

On August 12, Delaware Governor John Carney ordered all state employees and healthcare workers to be vaccinated for COVID‑19 on or before September 30 or submit to regular COVID-19 testing.[1] Additionally, he encouraged private businesses to impose similar requirements upon their employees and emphasized that many Delaware companies have already acted to

Employers in Delaware can operate at 100% capacity but are strongly encouraged to maintain at least three feet of social distancing between people. Businesses, however, may choose to impose mask requirements for customers and employees. Barring any such requirements, people who are are fully vaccinated are permitted to no longer

On April 13, 2021, Delaware Governor John Carney signed into law House Bill No. 33, as amended, which, among other things, changes the relationship between physicians and physician assistants in Delaware from supervisory to collaborative. Importantly, this legislation requires physician assistants in Delaware to enter into a written collaborative agreement

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 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.

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

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

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

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.

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.

Spring 2019
Jennifer A. Ermilio
Employee Relations Law Journal

A new law expands the Delaware Discrimination in Employment Act to add a section on sexual harassment. In addition, a recent federal court case makes compliance even more important for Delaware employers (as well as those in New Jersey and Pennsylvania).

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).

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.

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.

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.