Delaware became the latest state to legalize recreational marijuana on April 23, 2023 when the state’s Governor failed to veto two bills that allow for the legalization of marijuana, effective immediately. Individuals who are 21 years of age and older may possess and use up to one ounce of marijuana.
Articles About Delaware Labor and Employment Law.
Delaware Joins the Family (Paid Family-Medical Leave, That Is)
On May 10, 2022, Governor John Carney signed into law the Healthy Delaware Families Act, adding Delaware to an expanding list of jurisdictions with a paid family and/or medical leave (PFML) requirement.1 The law creates a statewide paid family and medical leave insurance program funded through employer and employee
Delaware Paid Family and Medical Leave Law Signed
On May 10, 2022, Delaware Governor John Carney signed the Healthy Delaware Families Act, which provides up to 12 weeks of leave and benefits to covered employees for certain parental, family caregiving, and medical reasons.
Delaware Advances COVID-19 Vaccination Requirements for Health Care And State Employees
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
Delaware Employers Can Operate at 100% Capacity and May Impose Mask Requirements
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
Delaware Spotlight: New Law Requires Collaborative Agreements Between Physician Assistants and Physicians
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’s COVID-19 Considerations for Healthcare and Home Health Industries
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
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
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
Delaware Issues Guidance for Employers as State Enters Phase 2 of Reopening Plan
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
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
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.
What Employers Need to Know About Delaware’s New Anti-Sexual Harassment Law
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).
Delaware State Court Holds That Medical Marijuana User May Proceed With Lawsuit Against Employer
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).
Social Profiles