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Recent Blog Posts

• Put the Penn Down: 3rd Circuit Decision and its Effect on ERISA Class Action Claims On May 2, a three-judge panel overturned a lower court’s decision in an Employee Retirement Income Security Act (ERISA) class action case in a 2-1 decision. The case, Sweda et al., v. University of Pennsylvania et al., centered on a group of University of Pennsylvania employees who felt that the school was not meeting its fiduciary burden when managing their retirement funds. More specifically, the employees felt the University was mismanaging its plan by paying $4.5 to $5.5 million in record-keeping fees, whereas comparable plan administrators... More
• Secretary of Labor Discusses Delaware’s New Harassment Prevention Law By Scott A. Holt, Esq. From left to right: Lauren E. M. Russell, Esq.; Secretary of the Delaware Department of Labor, Cerron Cade; and Scott A. Holt, Esq. 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 over 200 attendees to learn about the latest federal and state employment and labor laws.  The seminar was comprised of both panel discussions and presentations about topics such as the ADA and... More
• Delaware’s Mandatory Employee Sexual Harassment Training Law Is Now In Effect By Scott A. Holt, Esq.On January 1, 2019, the 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.Q. What employers are covered under the new law’s harassment training requirement? A. The law requires any... More
• Medical Marijuana Card Holder Can Sue Employer For Violations of the DMMA The Delaware Medical Marijuana Act (“DMMA”) provides broad protection to medical marijuana cardholders.  Unlike most states, the DMMA does not allow employers to maintain and enforce zero-tolerance policies against medical marijuana use.  While employers elsewhere can terminate any employee who fails a drug test, the DMMA prohibits a Delaware employer from terminating a cardholder unless it can show that the cardholder possessed or used the drug at work or was impaired on the job. Jeremiah Chance worked at Kraft Heinz in... More
• Adventures in Cyber Security One of the most exciting aspects of employment law is the inexhaustible list of ways that employees find to get themselves—and their employers—into trouble.  Recently, we have observed an uptick in electronic security attacks which makes the close of 2018 a perfect time to refresh ourselves on the “Dos” and “Don’ts” of cyber security. Why Do They Do That?! Some of the cyber security problems that employees find for themselves leave employers scratching their heads and wondering “why did s/he do that?!” ... More
• Happy Holidays, with a Helping of the Flu The 2017-18 flu season was unusually bad, and many employers found themselves stuck between meeting their staffing needs and avoiding the spread of a virulent flu strain.  While the 2018-19 cold and flu season is forecast to be less brutal, employers should take this opportunity to revisit their pandemic preparedness.  Following are some thoughts on preventing and preparing for the next big outbreak. Pandemic Policies The first line of defense against a widespread flu outbreak in your office is your handbook!  Employers... More
• An Update on Delaware’s Anti-Harassment Legislation As we should all be aware, in July 2018, the Delaware General Assembly passed, and the Governor signed, House Bill 360 (HB360), which formalized the well-established fact that sexual harassment is unlawful under Delaware state law.  Here’s what we know about enforcement, six months later.  The Law By way of refresher, HB360 is comprised of three elements.  First, it codifies the definition of sexual harassment, and the pre-existing legal defenses to sexual harassment, including the federal Faragher-Ellerth defense, which says that an... More
• Internal Investigations: Get It Right or Pay the Price It will come as no surprise to most of our readers that, in the 12 to 14 months following the advent of the #MeToo movement, we have seen a marked uptick in the request for advice and assistance in the conduct of sexual harassment investigations.  Below are some thoughts to keep in mind when approaching this issue, and when to bring in the professionals. What’s Different Now? We all know that, especially in light of the current climate, sexual harassment allegations must... More
• Know Your Neighbors: A Gentle Reminder to Multi-State Employers While Delaware does not have laws that pertain to paid sick leave, two of our neighbors have recently enacted their own laws on this subject. Maryland and New Jersey have both created new sick leave policies affecting most employees who work in their states. New Jersey New Jersey’s new law just went into effect on October 29, 2018.  Most employees are covered by the new rules. Exceptions include people working in the construction industry with a collective bargaining agreement, per diem health... More
• We’re Not Done Yet! FLSA2018-19 The Department of Labor’s Wage and Hour Division (WHD) have been busy bees!  The newest opinion letter, written by Acting Administrator Bryan L. Jarrett, provides insight into how to compensate employees who take numerous FMLA-protected breaks throughout the day (FLSA2018-19). FLSA2018-19 was directed to an employer attempting to determine if a non-exempt employee, who must take extra 15-minute rest breaks as required by their health care provider and covered under FMLA, should be compensated for those breaks under FLSA. Jarrett clarifies that... More