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.
Articles About Delaware Labor and Employment Law.
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.
Upon a showing of good cause, a stockholder could overcome a corporation’s attorney-client privilege when suing the corporation for acting contrary to the stockholders’ interests, the Delaware Supreme Court has ruled. Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW, No. 614, 2013 (July 23, 2014).
Delaware Governor Jack A. Markell (D) has signed into law the Pregnant Workers Fairness Act, S.B. 212, extending workplace protections afforded to pregnant employees, and employees who have recently given birth, to include requiring employers provide reasonable accommodations to such employees.
Delaware’s first minimum wage hike since 2009 will go into effect on June 1, 2014, under legislation signed by Governor Jack Markell. The first of two increases becomes effective June 1, 2014, when the minimum wage will go up 50 cents to $7.75 per hour. One year later, on June 1, 2015, the rate will increase another 50 cents to $8.25 per hour.
Delaware Governor Jack Markell has signed the Gender Identity Nondiscrimination Act, making Delaware the 17th state to enact law prohibiting gender identity discrimination. The Act adds gender identity to the list of protected classes under Delaware law prohibiting discrimination and hate crimes. Effective immediately, the law (S.B. 97) bans discrimination on the basis of gender identity in employment, places of public accommodation, housing and public works contracting. The law also provides for increased penalties under the hates crimes law against a person who intentionally selects the victim of a crime because of the victim’s gender identity.