Delaware News & Analysis

  • FMLA claim fails for worker fired for violating noncompete while on leave

    The U.S. 3rd Circuit Court of Appeals (whose rulings apply to all Delaware employers) denied an individual's attempt to revive her Family and Medical Leave Act (FMLA) interference claim because her former employer lawfully terminated her employment for her apparent violations of a noncompete agreement.

  • Court finds poor performance, not accommodation request, caused termination

    The 3rd Circuit recently held an employee's request for an accommodation doesn't immunize her from being fired for legitimate reasons.

  • Supreme Court will decide whether LGBT discrimination is unlawful

    The U.S. Supreme Court has agreed to decide the long-unresolved question of whether Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their sexual orientation or gender identity. The issue has been percolating in the lower courts for quite a while. As it frequently does, the Court declined to consider the question until there was a conflict between several appellate courts. Let's take a look at the history of the Court's decisions, the arguments on both sides of the issue, and what we can expect next.

  • September 30 deadline looms for newly required EEO-1 data

    Employers required to submit EEO-1 reports to the Equal Employment Opportunity Commission (EEOC) are venturing into uncharted territory as they work to collect newly required information due by September 30. While they may be accustomed to submitting traditional EEO-1 information—data on employees' race/ethnicity and gender, or what's being called Component 1 data—this year they also must compile data on compensation and hours worked, or what's being called Component 2 data.

  • Feeling stressed? Take it outside

    We all need a breath of fresh air sometimes. With summer here, we should be able to find plenty of ways to get away from our desks—even just for a break. And Delaware's natural beauty can be a perfect cure for employees' work-related stress. This article addresses the unwanted consequences of work stress and the benefits of encouraging employees to spend time outside.

  • It's not me—it's you: how to break up with your employees

    Relationships—both personal and professional—can be complicated. Just like first dates, job interviews offer candidates the chance to show a prospective employer the best possible version of themselves: smart, charming, funny, and responsible. As an employer, you ask exploratory questions about a candidate's background, education, interests, and goals for the future to see if it's a good fit. If you both agree that it is, you start a relationship.

  • Workplace Trends

    Research finds lack of mentorship and coaching. New data from media agency network Mindshare U.S. found that 42% of U.S. employees said their companies either don't offer mentorship programs or don't offer enough of them. Men were more likely than women to say they either got enough or more than enough mentorship programs at work, at 57% versus 42%. The research also found that 66% of U.S. employees rank ongoing feedback or coaching on their work as an important or very important benefit in the workplace. Yet 28% of people surveyed said that they either don't get enough ongoing coaching or feedback or that their companies don't even offer it. The data showed that women were more likely than men to feel that way, at 31% versus 25%.

  • Labor Secretary speaks on Delaware's new harassment prevention law

    On April 25, 2019, Young Conaway's labor and employment attorneys hosted the 2019 Annual Employment Law Seminar at the Chase Center on the Riverfront. The event drew more than 200 attendees to learn about the latest federal and state employment and labor laws. The seminar was composed of both panel discussions and presentations on topics such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), the new U.S. Department of Labor (DOL) wage and hour overtime rules, and the new EEO-1 filing requirement.

  • DOL says FMLA leave mandatory for employees and employers

    After more than 25 years, you might think questions regarding proper interpretation of the Family and Medical Leave Act (FMLA) would be settled. It's a highly regulated law, and it provides employers far more detail and clarity than they get with most other labor and employment laws.

  • Tips to ensure you are prepared for a deposition

    For an HR professional, giving a deposition is a lot like visiting the dentist. You know it's necessary, but you probably aren't looking forward to it. You may be asked questions you don't want to answer (like how often you actually floss). And finally, consistently responsible practices should reduce your stress levels about the event, make it go a lot smoother, and prevent worse problems in the future.