Delaware News & Analysis

  • New Delaware WARN Act imposes new requirements on employers

    Effective January 7, 2019, private-sector employers in Delaware will need to comply with a new state law requiring 60 days' advance notice of a mass layoff, plant closing, or relocation to affected employees and government officials. The new law, known as the Delaware Worker Adjustment and Retraining Notification Act (Delaware WARN Act), mirrors the federal Worker Adjustment and Retraining Notification Act (WARN Act) in many respects. However, the Delaware WARN Act differs from the federal WARN Act in four critical ways.

  • Quitting is for quitters—and it leads to liability

    In the last several months, we've seen continuing coverage of the #MeToo movement as well as the disclosure of new scandals, including the controversy currently embroiling CBS News and its CEO, Les Moonves. Of course, there is much yet to be learned, but discussions of whether CBS's problems would be "solved" if Moonves just stepped down have led us to consider: Is that enough?

  • New technologies create new employee privacy issues

    Unless you work for a company that's very small or very low-tech by nature, chances are, one of your biggest challenges is keeping up with technology. If your competitors are taking advantage of the many new technological advances that promote efficiency and productivity while you're stuck in 1999, your business will struggle to compete.

  • The end of the Kennedy era

    For the past 20 years, Anthony Kennedy has decided the most important issues in America. An early protégé of Justice Antonin Scalia, Kennedy was appointed by Ronald Reagan as a conservative choice for the U.S. Supreme Court. At first, he voted with the conservative bloc more than 90 percent of the time and remained solidly conservative on criminal justice issues throughout his judicial tenure.

  • Be reasonable: Employees may not be able to request 'a few weeks or months' of ADA leave

    A request for indefinite leave isn't a reasonable accommodation under the Americans with Disabilities Act (ADA), the 3rd Circuit (whose rulings apply to all Delaware employees) recently decided.

  • R-E-S-P-E-C-T: Find out what it means to your employees

    Leadership is a two-way street, loyalty up and loyalty down. Respect for one's superiors; care for one's crew.

  • Agency Action

    NLRB launches ADR pilot program. The National Labor Relations Board (NLRB) announced in July that it is launching a new pilot program to enhance the use of its alternative dispute resolution (ADR) program. The pilot program is intended to increase participation opportunities for parties in the ADR program and help facilitate mutually satisfactory settlements. Under the new program, the NLRB's Office of the Executive Secretary will proactively engage parties with cases pending before the Board to determine whether their cases are appropriate for inclusion in the ADR program. Parties also may contact the Office of the Executive Secretary and request that their case be placed in the ADR program. There are no fees or expenses for using the program.

  • Workplace Trends

    Survey finds more than half of workers open to new job opportunities. Recruitment firms Accounting Principals and Ajilon released results of a new survey in July exploring job search trends among more than 1,000 U.S. full-time workers in sales, office, and management/professional occupations. The survey found that 25.7% of respondents are actively seeking new job opportunities and that 55.5% are passively open to new job opportunities. The survey found that salary is the most important factor respondents consider when deciding to accept a job offer. The survey also found that 43.2% of respondents would be enticed to leave their company if another one offered a better salary or pay. That rate is highest among respondents ages 18 to 25, while respondents age 55 and older are least likely to leave for better pay.

  • Birthing change: New Delaware law requires in vitro fertilization coverage

    Not untypically, the Delaware General Assembly has had an active year legislating on employment-related issues. But Senate Bill (SB) 139 is a bit outside of our normal focus. The legislation, which the Assembly passed and Governor John Carney signed, amends Delaware law to require most health insurance plans written in the state to include coverage for fertility care services, including in vitro fertilization (IVF). Read on to learn more about the new law.

  • When skies aren't so friendly: Airplanes can be hotbed of harassment, sexual assault

    Ahh, the luxury of flying. Getting to sit incredibly close to strangers, being cut off from your e-mail, and having a delicious choice of broken cookies or bland pretzels to snack on. What's not to love? Well, now you can add sexual predators to that charming list of in-flight hazards.