Delaware News & Analysis

  • Have you read your social media policy lately? Much has changed

    When is the last time you updated your social media policy? Does it still reference older social media sites like Bebo, MySpace, Digg, or about.me? Since our last article on this topic several years ago, technology has undergone significant changes. You likely drafted many of your policies before the likes of Instagram and Snapchat even existed. In short, much has changed in the past few years, and it's probably time you revisited your policies.

  • Delaware decision expands workplace protections for medical marijuana users

    State laws legalizing the use of marijuana—whether for medical or recreational use—have been a fast-moving target over the last several years. Currently, marijuana is still illegal for both medical and recreational purposes in only 16 states. And out of those 16, most allow products that contain small amounts of THC, the active ingredient in marijuana. The point is that nearly every employer in the country may soon be faced with the question of how to discipline an employee who used pot or consumed marijuana-related products in a state where it's legal to do so.

  • Now's the time to consider marijuana policy

    State laws legalizing the use of marijuana—whether for medical or recreational use—have been a fast-moving target over the last several years. Currently, there are only 16 states in which marijuana is still illegal for both medical and recreational purposes. And out of those 16, most allow products that contain small amounts of THC, the active ingredient in marijuana.

  • Do you have a ghost of a chance against ghosting?

    If you're like us (and Seth Meyers), you might have a hard time keeping up with all the latest slang terms having to do with new technologies and trends in social interactions and other aspects of modern life. One such term is "ghosting," which is when a person just stops responding to text messages, usually from someone they recently started dating. The term has slowly spread to other situations in which one person suddenly disappears from another person's life, including—you guessed it—when an employee or job applicant is a no-show with no communication or explanation to the employer.

  • What federal law says about marijuana, DFWA, zero tolerance

    Under federal law, marijuana is still illegal and is considered a Schedule I drug, which is defined as a drug for which there is a high potential for abuse and no currently accepted medical use. In short, in the federal government's eyes, marijuana is in the same category as heroin and LSD.

  • Union Activity

    UAW lodges objection to GM announcement. The United Auto Workers (UAW) in December lodged a formal objection to General Motors' (GM) plan to close four American auto plants in 2019. The complaint objected to what the union called GM's unilateral decision on the future of those facilities. The UAW said the decision was made without the union's agreement, which it says is required by the 2015 National Agreement. "We have been clear that the UAW will leave no stone unturned and use any and all resources available to us regarding the future of these plants," UAW President Gary Jones said. He added that UAW members across the country "are committed to using every means available to us on behalf of our brothers and sisters" at the plants in Lordstown, Ohio; Hamtramck, Michigan; Baltimore, Maryland; and Warren, Michigan.

  • What you should know if faced with an employee wage garnishment

    Employers are being confronted with wage garnishments more frequently than in the past. Sometimes an employee will already be subject to a legal garnishment when the employer receives a new notice. Here are some basics on wage garnishments for employers to consider, including what to do when you have multiple garnishments for the same employee.

  • DE's mandatory employee sexual harassment training law now in effect

    On January 1, 2019, a new law specifically addressing the prohibition against sexual harassment under the Delaware Discrimination in Employment Act (DDEA) went into effect. One of the biggest changes is the requirement that larger employers provide interactive training and education to employees regarding the prevention of sexual harassment. Below are answers to some of the most common questions being asked.

  • Earning employee trust can reduce your legal liabilities

    "Trust" is a slippery concept. What does it mean for your employees to "trust" you or "distrust" you? And why should you care?

  • Tips on responding to EEOC predetermination letters

    After weeks, or sometimes months, of silence from the Equal Employment Opportunity Commission (EEOC) about a discrimination charge that was filed against your company, you may receive a letter stating it's likely the agency will determine that the law was violated. This "predetermination" letter will sometimes summarize the evidence supporting the allegations in the charge, but sometimes it will simply say that the evidence supports the allegations or doesn't support your stated defense. The letter usually gives you about 10 days to respond or provide further information to be considered. Should you bother responding when it sounds like the investigator's mind is made up? Absolutely!