Delaware News & Analysis

  • How can Delaware employers fight the opioid crisis?

    Like the rest of the country, Delaware finds itself in an opioid crisis, with hundreds dying from overdoses every year. Overdose deaths, however, are just the tip of the iceberg. Babies are born addicted, and families are torn apart. The problem is so bad that Delaware Attorney General Matt Denn recently sued drug manufacturers and drugstores, alleging that they misled doctors and patients about the addictive properties of painkilling opioids.

  • Legalization of marijuana in Delaware now hazy

    Several developments in 2018 may signal that the legalization of recreational marijuana in Delaware may be delayed or even doomed. On January 3, Representative Helene Keeley, lead sponsor of legislation that would legalize pot in Delaware, announced that her bill needed to be rewritten to garner enough support for passage. The next day, U.S. Attorney General Jeff Sessions, a long-time critic of marijuana legalization, rescinded several Obama administration memos that signaled the federal government would not interfere with state legalization efforts.

  • Does #MeToo movement mean #TheEnd for workplace romance?

    Recent reports of serious sexual misconduct by prominent men across the country have drawn renewed attention to a variety of issues involving sexual harassment in the workplace. One such issue is how to tell when romantic and/or sexual overtures at work cross the line into sexual harassment or misconduct. The line is often clear—especially for egregious misconduct—but not always. The challenge for employers is to design policies and procedures that make the line clearer for employees and give the employer an opportunity to identify and manage potentially problematic relationships.

  • Republican majority on NLRB targets Obama-era rulings

    During former President Barack Obama's eight years in office, the National Labor Relations Board (NLRB) took an aggressively proemployee approach. It issued a number of rulings that expanded the protections of the National Labor Relations Act (NLRA) beyond pretty much anyone's expectations. Protection of labor rights in nonunion workforces was of special interest to the NLRB in those years. Only one year into Donald Trump's presidency, the Board has already started whittling away at the most aggressive of those rulings.

  • 5 reasonable accommodation pitfalls to avoid in 2018

    Litigation under the Americans with Disabilities Act (ADA) has been on the rise in recent years and will likely continue to increase in 2018. One area of ADA compliance fueling the increase is the duty to reasonably accommodate employees' disabilities. While most employers are aware they have a duty to accommodate the disabilities of qualified individuals, many struggle with the specifics of when an accommodation is required and how the accommodation process should work from a legal perspective. To help you avoid ending up on the wrong side of an ADA lawsuit in 2018, here is a list of the five most common pitfalls employers face when dealing with the ADA's reasonable accommodation requirements.

  • Agency Action

    Change likely to NLRBs union election rules. The National Labor Relations Board (NLRB) published a Request for Information in December 2017 asking for public input on the Boards 2014 rule that shortened the process of holding union representation elections. The NLRB was seeking comments on whether the 2014 rule should be retained, modified, or rescinded. The Boards action on the election rule was one of a string of party-line 3-2 votes taken in December just days before Republican member and Chairman Philip A. Miscimarras term ended on December 16. His departure leaves the Board with two Republicans (Marvin E. Kaplan and William J. Emanuel) and two Democrats (Mark Gaston Pearce and Lauren McFerran). Other actions included decisions overruling Obama-era decisions on union organization of microunits, joint employment, employee rights related to handbook provisions, the reasonableness settlement standard in single-employer claims, and bargaining obligations required before implementing a unilateral change in employment matters.

  • New hires can lead to lawsuits: untangling the strings attached to prospective employees

    The use of covenants not to compete—once restricted to salespeople and high-level managers—has continued to expand into the ranks of ordinary employees. A recent survey suggests that as many as one in five employees has signed some form of agreement placing restrictions on his postemployment activities. So what should you know before you ask an employee to sign a noncompete agreement?

  • Meeting (and exceeding) legal obligations to seriously ill employees

    Few situations are more difficult for a caring employer than learning that an employee is facing a permanent disability or terminal illness. You've probably read plenty of articles about your obligations under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), but those laws cover only what an employer is legally required to do. Responsible HR professionals strive to go above and beyond to help struggling employees receive the full advantage of the benefits they offer.

  • Trust—cornerstone for high performance culture

    A CEO for a privately held telecommunications company just learned the results of a recent corporate culture survey. Only forty percent of her employees responded favorably in the category of "Employee Engagement." She was disappointed and frustrated, recognizing the impact of high employee engagement on achieving operational excellence. The initiatives that she implemented within the past year to boost commitment had failed. She didn't know what to do next.

  • Revisiting employment agreements in the age of Weinstein

    With all the recent sexual harassment and assault scandals in Hollywood, Washington, high-profile boardrooms, and even public television and radio, many are asking how these things could have been going on in secret for all these years. The answer, in many cases, is that the employer had some sort of contractual agreement with the alleged victims that basically guaranteed their silence.