Delaware – ManagEase

Third Circuit: Third Party Bonuses May Be Factored into the Regular Rate

December 4, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with DE, NJ, and PA Employees

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August 20, 2019

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In Department of Labor v. Bristol Excavating, Inc., the Third Circuit Court of Appeal stated that third-party bonuses may be required to be factored in the regular hourly rate for purposes of calculating overtime. The court said that the determinative factor is the agreement of “remuneration for employment” between the employer and employee, which must be reviewed on a case-by-case basis.

Delaware: Federal Law Does Not Preempt Employee Protections under Delaware’s Medical Marijuana Law

February 7, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with DE Employees

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December 17, 2018

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In Chance v. Kraft Heinz Foods Company, a Delaware Superior Court judge recently stated that the federal Controlled Substances Act (CSA) does not preempt employee protections under the state’s medical marijuana law (DMMA). Specifically, it relied on Connecticut and Rhode Island cases that distinguish the CSA as merely making marijuana usage illegal, but not prohibiting the employment of marijuana users.

Delaware: New Sexual Harassment Protections and Training Requirements

September 10, 2018/0 Comments/in HR Alerts /by ManagEase

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Employers with 4 or more DE Employees

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January 1, 2019

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(888) 378-2456

Governor Carney recently signed HB 360 implementing new sexual harassment protections and employee training requirements.

Who does the bill apply to? The bill applies to employers with 4 or more employees. It also applies to state employees, unpaid interns, applicants, joint employees, and apprentices.

What does the bill prohibit? The bill prohibits sexual harassment, including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) it is explicitly or implicitly a term or condition of employment, (2) submission or rejection of such conduct is used as a basis for employment decisions, or (3) it has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment.

Third Circuit: Employee’s Refusal to Report Sexual Harassment Does Not Bar Claims Against Employer

August 6, 2018/0 Comments/in HR Alerts /by ManagEase

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All Employers with DE, NJ, and PA Employees

EFFECTIVE

July 3, 2018

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(888) 378-2456

In Minarsky v. Susquehanna Cty., the Third Circuit Court of Appeal recently rejected the notion that an employee’s refusal to report sexual harassment automatically invalidated the employee’s harassment claim against the employer. There, the employee’s supervisor made unwanted sexual advances towards her and other women for years. The supervisor was reprimanded for incidents involving other women, but no further action was taken against him. In this case, the employee did not report her supervisor’s conduct for fear of losing her job. The County later terminated the supervisor after discovering the persistent harassment of the employee. Subsequently, the employee sued.

August Updates

August 6, 2018/0 Comments/in HR Alerts /by ManagEase

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Varies

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Varies

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This Short List addresses the following topics:

Coming Soon: Visa Denial or Expiration Will Mean Deportation for Foreign Nationals
New Guidance for Determining Whether Registries are Employers of Nurses and Caregivers
Ninth Circuit: No Meal Period Violations if Employees Volunteer to Stay Onsite for Discounted Meals
California: Court States Neutral 15-Minute Rounding Policies Lawful
California: New Law Protects Members of the Armed Forces While in Uniform
California: New Safety Information for Housekeeping Employees
Delaware: New Minimum Wage Increases and Exceptions
New York, NY: New Mandatory Posting and Guidance Issued for Fair Workweek Law
Pennsylvania: Minimum Wage for State Employees Increases to $12/Hour
South Carolina: Required Pregnancy Accommodations Act Poster is Now Available

Delaware: Employers Now Prohibited From Asking Job Applicants for Salary History

July 11, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers with DE Employees

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December 14, 2017

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(888) 378-2456

Governor John Carney recently signed into law a new regulation prohibiting employers from inquiring into a job applicant’s salary history. This measure, similar to those enacted in Oregon, Massachusetts, New York, and Philadelphia¹, is intended to help curtail the gender wage gap by encouraging employers to consider factors other than past compensation history when determining pay.

Third Circuit: FMLA Leave Cannot be Any Basis for Adverse Action against Employees

May 2, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers with DE, NJ and PA Employees

EFFECTIVE

November 14, 2016

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(888) 378-2456

In Egan v. Delaware River Port Authority, the Third Circuit court stated that any time an employee’s use of FMLA leave is given any “negative weight” when taking an adverse employment action against an employee, it is considered to be retaliation. There, the plaintiff was granted intermittent FMLA leave for migraines. Though the employer approved the time off, the plaintiff believed that management was unhappy with him taking time off. When his position was later eliminated, the employee sued, alleging that that his employer had a “mixed-motive” for his termination, and that he was retaliated at least in part for taking FMLA leave.

Third Circuit: Employer’s Good Faith Belief that FMLA Leave was Misused May Defeat Retaliation Claim

March 6, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers with DE, NJ and PA Employees

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January 30, 2017

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(888) 378-2456

On January 30, 2017, the Third Circuit Court of Appeals stated that an employer’s good-faith belief that an employee has abused FMLA leave could potentially defeat an FMLA retaliation claim, even if the employer’s belief is ultimately incorrect. This decision aligns with several other circuit courts that have previously found such a good-faith belief could be a non-discriminatory reason for terminating an employee.

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