Delaware News & Analysis

  • When you're facing a class action lawsuit, don't initiate—just arbitrate

    Some 151 individuals in a Fair Labor Standards Act (FLSA) collective action against Francesca's Holdings Corp. must arbitrate their wage and hour claims, the U.S. District Court for the District of New Jersey recently ruled.

  • Family fights to keep first PA COVID-19-related wrongful death case alive

    A deceased Philadelphia area man's family recently filed Pennsylvania's very first COVID-19-related wrongful death and survival suit against his former employer—a titan of the beef-processing industry—in the Philadelphia Court of Common Pleas. The lengthy complaint (which made claims for negligence, fraudulent misrepresentation, intentional misrepresentation, wrongful death, and survival) alleged that unsafe working conditions at the plant (e.g., working in tight quarters without proper personal protective equipment) resulted in the man contracting the virus.

  • Raft of new Maryland employment laws kicks into action

    A host of new employment laws recently took effect in Maryland. Read on for information on how to get and stay in compliance.

  • What Virginia employers need to know about new pregnancy protections

    During its 2020 legislative session, the Virginia General Assembly passed a slew of measures providing employees with new and expanded workplace protections while also enhancing the mechanisms by which they can pursue claims against their employers for violating the newly enacted laws. Easily lost in these new sweeping measures are the recently strengthened prohibitions on discrimination in the workplace based on pregnancy and pregnancy-related conditions.

  • New Jersey legislation would limit liability for COVID-19 lawsuits

    Despite their best efforts to follow health officials' evolving guidance, businesses and institutions of higher education are faced with the grim prospect that as they begin returning to in-person work or instruction, some of their employees, students, faculties, and staff will become infected with COVID-19 or require quarantine isolation because of exposure. In recognition of the difficult balancing act between reopening and possible infection, the proposed New Jersey Senate bill, S2634, seeks to give some protection against civil lawsuits regarding exposure to COVID-19 or any other related viral strains.

  • PA meatpackers sue to compel OSHA to intervene in COVID-19 workplace concerns

    COVID-19 has raised an unprecedented number of new concerns for the Occupational Safety and Health Administration (OSHA) and the employers required to follow its guidance. On July 22, employees at a Pennsylvania meatpacking plant filed a lawsuit against OSHA claiming the agency has been derelict in ensuring the plant implemented proper safety measures to address the spread of COVID-19. The suit asks the agency to inspect the plant immediately and abate the current safety threats. Employers across all industries can look to the suit as a representative example of what might be expected by failing to follow coronavirus-related safety guidelines.

  • Amazon faces NJ wage class action for workers' postshift screening

    Amazon must face a proposed class action alleging violations of the New Jersey Wage and Hour Law (NJWHL) and seeking compensation for time spent undergoing mandatory postshift security screenings and taking meal breaks. Although time spent during meal breaks wasn't compensable, time spent undergoing postshift screenings was compensable work time under the NJWHL, according to a recent ruling by the U.S. District Court for the District of New Jersey.

  • New Philadelphia ordinance protects COVID-19 whistleblowers

    Philadelphia lawmakers have enacted an ordinance protecting COVID-19 whistleblowers from retaliatory employment actions if they sound the alarm at work. The city council passed the ordinance on June 25, and Mayor Jim Kenney signed it the next day, dubbing it the Essential Workers Protection Act (EWPA).

  • New Jersey law rushes in and orders arbitration where FAA fears to tread

    The New Jersey Arbitration Act (NJAA) may apply to arbitration agreements even if the parties are subject to the Federal Arbitration Act (FAA) exemption for transportation workers engaged in interstate commerce, the New Jersey Supreme Court recently ruled.

  • Cutting-Edge HR

    Poll shows confidence in remote work. A recent edition of LinkedIn's Workforce Confidence Index released in May gives HR professionals food for thought as they consider the future. The survey shows that 55% of respondents think their industry can be effective when people work remotely. Optimism is strongest in such fields as software, finance, and media, a LinkedIn blog post said. But remote work is a "polarizing topic" in other sectors in which in-person interaction is crucial, according to the blog. Forty-eight percent of respondents in health care were optimistic about remote work, and 41% in manufacturing were keen on the idea. The most resistance was noted in retail, with just 29% of insiders thinking their industry could thrive with remote work. The poll included 5,447 LinkedIn members and covered the week of April 27 to May 3.