The Delaware Employment Law Blog is a repository of insights and news on Employment law that our attorneys regularly compile. It's designed to help our clients stay up-to-date on the latest legal matters regarding labor issues, union avoidance, decertification training, developing strike plans, strike control and resolution, collective bargaining, and arbitration.

Recent Blog Posts

  • Maternity, Paternity, Furternity? The competition between companies attempting to attract and keep qualified workers has taken an interesting turn. The Minneapolis-based marketing firm Nina Hale recently added “Fur-ternity Leave” to their list of benefits.  The company is now allowing employees a week to work from home after they adopt a new cat or dog, so that the animal can adjust to the new home environment. The practice, which has also been called “paw-ternity” leave at other companies, is intended to help employees adjust their... More
  • Quitting Is for Quitters: And It Leads to Liability Chief Executive of CBS Leslie Moonves stepped down on Sunday after a second article appeared in the New Yorker detailing allegations of sexual misconduct. When the first article came out, CBS agreed to look into the allegations but kept Moonves around while the investigations could take place. When six new women came forward with disturbing allegations, Moonves finally stepped down. CBS will continue with their investigation into the allegations, but discussions of whether CBS’s problems will be “solved” now that Moonves... More
  • Life after Epic Systems: Almost 3000 Workers Are Dropped from Chipotle’s Wage Suit When the Supreme Court ruled on Epic Systems v. Lewis on May 21, 2018, they altered how cases involving collective action would play out. We are currently seeing the results of the Court’s decision in the case of Turner et al v. Chipotle Mexican Grill, Inc. For those who have not been following along, Chipotle workers filed suit in September 2014, alleging that the Tex-Mex chain required workers to clock out after working 40 hours—even if they continued to do work—and... More
  • New Trend in Maternity Leave Here’s a headline that caught our eye: “Donating vacation time to new moms is a trendy co-worker baby shower gift.” That’s right, according to Good Morning America, it is becoming more popular for employers to allow their employees to donate their paid time off to their pregnant coworkers to allow them to have a longer maternity leave. Some readers may remember that the Delaware General Assembly recently passed a bill that gives full-time state and public school employees (who have been... More
  • What We Know about the Prospective Justice Kavanaugh Judge Brett Kavanaugh will likely have his confirmation hearing in the near future. The media has spent many news cycles and think pieces addressing hot-button topics including his views on Roe v. Wade, Obergefell v. Hodges, and investigations into the Executive Branch. These are all important issues, but for the sake of this blog, we care about how he will rule on labor- and employment-related matters. The Supreme Court that Justice Kennedy is leaving is one that delivered two incredibly favorable... More
  • Would You Like Fries With That? Attorneys General are fighting back on behalf of fast food workers The dreaded non-compete. The clause that is included in many employment contracts that controls employees’ work behavior once they leave their current employer. To be enforceable, these provisions almost always require a time restriction— the employee cannot engage in their line of work for a set amount of time—and a geographic restriction—the employee cannot engage in their line of work within a certain radius of their former employer. They make sense in certain instances. Let’s say a company has spent... More
  • Recently Enacted Delaware Layoff Notification Law Imposes New Requirements on Delaware Employers By Scott A. Holt This article was updated on August 17, 2018 Effective January 7, 2019, Delaware private employers will need to comply with a new state law requiring 60 days advanced notice to affected employees and government officials of a mass layoff, plant closing or relocation. The new law, known as the Delaware Worker Adjustment and Retraining Notification Act (“Delaware WARN”), mirrors in many respects the federal Worker Adjustment and Retraining Notification Act (WARN). The Delaware WARN, however, differs from the... More
  • Revenge of the Angry Hippos We’ve all heard the saying, “sticks and stones may break my bones, but words will never hurt me.” Well, a few weeks ago employees at the Ohio State University found their words coming back to hurt them and their employer in a big way. Julianne Taaffe (62) and Kathryn Moon (67) worked for OSU since 1983 in the university’s English as a Second Language (ESL) program. They recently settled a complaint filed with the EEOC, alleging that they had been victims... More
  • Just When You Thought It Was Safe to Go Back in the Water… The Third Circuit has updated its decision on transgender bathroom policies, which we discussed previously here. The precedential opinion, which was filed on June 18, was revised on July 26 to take a softer stance on whether the decision to require transgender students to use separate, single-stall bathrooms violates federal law. The same panel that issued the original decision issued the revised decision and denied allowing the case to be reheard with a full court. The attorneys for the students... More
  • Change to Educator Discipline: An Update to Title 14 Chapter 12 of the Delaware Code On July 11, Governor Carney signed a bill that changes Title 14, Chapter 12 of the Delaware Code and updates how educators in Delaware are reprimanded in certain instances. State employees who are involved in discipline of teachers, and teachers themselves, should become familiar with the slight, but important, changes that have gone into effect. First, language was eliminated that required that employment action be taken first before a teaching license or certificate can be suspended or revoked. For example, before... More