Delaware News & Analysis

  • Vaccinations and religion: The limits are set

    The antivaccination movement has been gaining traction in the United States for several years, much to the chagrin of safety-minded employers. While businesses offer ever-broader benefits to limit the business impact of nationwide pandemics, including on-site flu clinics, many employees refuse to participate and lower the efficacy of vaccinations for those who do.

  • Foul ball: Delaware court reverses workers' comp decision

    Workers' compensation is a tough game, and it spares no one. But a recent decision from the Delaware Superior Court reminds us that there are limits to when an employer can be held responsible for injuries occurring during out-of-office, work-sponsored events. Catch the details below.

  • New tax credit rewards companies that offer paid FMLA leave

    Employers that offer paid family and medical leave may get an unexpected tax benefit next year at tax time. The tax reform law that passed earlier this year contains a little-noticed tax credit for employers that provide qualifying types of paid leave to their fulland part-time employees. The credit is available to any employer, regardless of size, if:

  • WHD issues more opinion letters

    In a follow-up to its recent reissuance of 17 opinion letters that had been issued (by the Bush administration) and withdrawn (by the Obama administration) in early 2009, the U.S. Department of Labor's (DOL) Wage and Hour Division (WHD) has already issued two more opinion letters. As you may recall, the agency had stopped providing such letters during the Obama administration, but the Trump DOL has revived the practice.

  • Behind the times: Is rounding employees' time outdated?

    Time clocks have long been an accepted method for tracking how much time an employee puts in. Many time clocks track time in tenths of an hour or quarter hours. However, time clocks are being replaced by more sophisticated time-tracking systems, such as electronic and computer time trackers, which are better equipped to track the exact number of minutes an employee is on the job. Nevertheless, employers continue to wonder whether they should round an employee's time and whether rounding time worked is legal. This article discusses some of the best practices for rounding if you are going to do it.

  • Agency Action

    DOL issues opinion letters on FLSA. The U.S. Department of Labors (DOL) Wage and Hour Division (WHD) in April announced three new opinion letters related to the Fair Labor Standards Act (FLSA) and other laws. The letters released on April 12 concern (1) what counts as work time under the FLSA when employees travel for work, (2) whether 15-minute rest breaks required every hour by an employees serious health condition must be paid or may be uncompensated, and (3) whether certain lump-sum payments from employers to employees are considered earnings for garnishment purposes under Title III of the Consumer Credit Protection Act. An opinion letter is an official document authored by the WHD on how a particular law applies in specific circumstances presented by the person or entity requesting the letter. Opinion letters represent official statements of agency policy. (For more on these opinion letters, see WHD issues more opinion letters on pg. 10.)

  • Workplace Trends

    Women more likely to see pay disparity, survey finds. Nearly a third of women (32%) participating in CareerBuilders Equal Pay Day survey in April said they dont think they are making the same pay as men in their organization who have similar experience and qualifications. That compares to 12% of men who think that way. The survey also found that men are more likely to expect higher job levels during their career, with 29% of men saying they think they will reach a director level or higher, compared to 22% of women. The survey also found that 25% of women never expect to reach above an entry-level role, compared to 9% of men. Almost a third of the women in the survey (31%) said they think theyve hit a glass ceiling within their organizations, and 35% dont expect to reach a salary over $50,000 during their career, compared to 17% of men who expect that salary.

  • Union Activity

    Teamsters president slams threat to publicsector unions. Teamsters General President James P. Hoffa spoke out against the U.S. Supreme Court case Janus v. AFSCME during an April conference, saying the case is about politics and people who hate unions. The case could remove the requirement that nonunion members pay certain union fees to cover costs of collective bargaining. In March, Hoffa also met with Senator Bernie Sanders (I-Vermont) to discuss the threat the Janus case poses to public-sector unions.

  • Women first in the First State, but is it enough?

    As we have been reporting for years, the Delaware General Assembly is highly active on employment issues. Some initiatives are successful, and some are not, but the trend continues. In recent years, however, the General Assembly has had a more targeted focus: women's issues. In this article, we outline the recent history of legislation on issues affecting women in the workplace and whether they have the right focus.

  • Tell me lies, tell me sweet little lies

    Everyone fudges the truth on occasion. But lies in the workplace should not be tolerated. A failure to address affirmative falsifications and lies of omission can lead to a culture where secrets, misrepresentations, and self-preservation are regularly placed above the company's best interests.