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Delaware Commission on Law and Technology

Posted by Molly DiBiancaOn October 25, 2013In: Delaware Specific, Locally Speaking, YCST

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Technology effects every workplace.  Readers of this blog know this well enough, as many of my posts address the wide variety of problems faced by employers that arise from employee use of technology, particularly social media.  Lawyers, too, face these problems.  The legal profession is, by no means, immune from the woes of social-media or the difficulties of trying to keep up with changing technology.  Technology’s impact on the legal profession is a topic near and dear to my heart. Delaware Commission on Law and Technology

Which is why I am so honored to have been appointed to Delaware’s newly formed Commission on Law and Technology.  The Commission was created by the Supreme Court of Delaware in response to a recent amendment to the State’s rules of professional responsibility requiring lawyers to maintain competence in technology.  Supreme Court Justice Henry duPont Ridgely, who will serve as the judicial liaison to the Commission, has explained that the Commission will be charged with creating a set of best practices in a variety of areas, including cloud computing, e-discovery, and, of course, social media.

The purpose of the Commission is to provide Delaware lawyers with sufficient guidance and education in the aspects of technology and the practice of law so as to facilitate compliance with our rules of professional conduct.  Although several states’ bar associations have issued advisory opinions on certain aspects of technology and its use, the opinions can be limited in scope, as they apply only to the specific set of facts posed by the inquiring attorney.  Thus, it is very exciting to be part of an official effort to broaden the information available to Delaware lawyers.

The collaborative nature of the Commission between the bench and bar is very reflective of our State’s cooperative spirit.  And the affirmative effort to provide guidance is very much in line with my preventative-practices philosophy.  For all of these reasons, I am looking forward to making a contribution to the Commission’s laudable mission and am proud (although not surprised) that our State is the first to launch such a commendable endeavor.

Everybody Loves a Winner

Posted by Molly DiBiancaOn November 30, 2012In: Locally Speaking, YCST

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It's so nice to get a compliment. And when the compliment comes from the ABA Journal for the fourth year in a row, it's really, really, really nice. Yes, that's right, the Delaware Employment Law Blog was selected as one of the Top 100 Legal Blogs in the country in the 6th Annual edition of the Top 100. This is the fourth consecutive year in which we've been awarded this incredible honor and, I can assure you, it is no less a surprise or a thrill this year than it was four years ago.


To those who nominated us for the award, thank you. To all of our readers, thank you. And to all of the many, many, many employment law bloggers whose posts continue to set a very high bar, thank you.

I share the honor this year with five other employment-law bloggers, each of which does a tremendous job reporting on the various aspects our shared practice area. Most of you likely already read the blogs of my co-winners but, if you don't, you should. Here's the list:

You can vote for your favorite in the employment-law category at the ABA Journal site . . . but no pressure, really. You can find all of the Top 100 bloggers on Twitter through the ABA Journal's list.

Writing a legal blog is a labor of love. And, by that, I mean that it doesn't pay the bills. To consistently put up quality posts that are original and interesting to readers is no easy feat--especially when the demands of our day jobs can be, well, demanding. To be recognized for the hard work that goes into writing a legal blog really does mean so much. Almost as much as knowing that our readers find value in the content that we generate.

So, as Frank and Ed used to say in the class Bartles and James commercials, "Thank you for your support."

YCST Attorneys Present at DELPELRA Conference

Posted by Molly DiBiancaOn September 27, 2012In: Delaware Specific, Locally Speaking, Public Sector, Seminars, Past, YCST

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Attorneys from Young Conaway traveled to Dover today to present at the Annual Training Conference for the Delaware Public Employer Labor Relations Association (DELPELRA).
DELPELRA logo.jpg

Tim Snyder presented on the impact of health care reform on public employers. He also gave an overview of what public employers are doing to address the challenges of funding their pension plans.

Scott Holt provided practical tips on avoiding claims and litigation under the Fair Labor Standards Act (FLSA). Scott addressed misclassification of employees and failure to pay properly for breaks, training time, and travel time.

David Hansen wrapped up the Young Conaway portion of the program by speaking efforts of the IRS to tax employee benefits such payments for uniforms and the like.

Debbie Murray-Sheppard, the Executive Director of the Delaware Public Employment Relations Board (PERB), was the luncheon speaker. She updated the group on the activities of the Board over the past year.

After conclusion of the Conference, DELPELA held its annual meeting. Alan Kujala, Chief Human Resources Officer of Kent County, was elected its new President. Young Conaway's Bill Bowser was reelected as General Counsel.

Privacy 3.0: Delaware Bench and Bar Recap

Posted by Molly DiBiancaOn June 8, 2012In: Locally Speaking, Privacy In the Workplace, Seminars, Past

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I had the honor of serving as moderator for the CLE program at Delaware's Annual Bench and Bar conference,the largest annual gathering of lawyers and judges. The program was titled, Privacy 3.0: Legal and Ethical Implications in the Courtroom, in the Workplace, and in Public. I was amazed at the quality of the presentations and speakers.

Privacy In the Courtroom: Jurors
The first session, Privacy in the Courtroom, was presented by two super-stars. First up was Thaddeus Hoffmeister, whose blog, Juries, is, hands down, the go-to source for the latest news relating to the impact of new technology on jurors. Thaddeus led a fascinating discussion about the privacy rights of jurors. Some of the questions that he raised were:

Do lawyers have a duty to conduct online research about potential jurors? Do lawyers have a duty to monitor jurors' online activity once empaneled? What constitutes "contact" in this context? For example, if you follow a juror on Twitter and he gets an email notification of it, this would be considered "contact" and you'd be running afoul of the ethics rules. And, finally, when must a lawyer disclose to the other side and to the court information that the lawyer finds that indicates juror online misconduct?

Thaddeus' presentation was amazingly current. Several attendees noted that he discussed several cases and opinions that were issued in the past two weeks! To learn more about these cutting-edge topics, check out his top-notch blog.

Privacy In the Courtroom: Journalists
Next up was Sean O'Sullivan. Sean has been reporting on Delaware's federal and state courts for more than a decade. Although Thaddeus was a tough act to follow, Sean absolutely rose to the challenge. In fact, Sean really impressed me--not only is he an all-star reporter but, apparently, an equally outstanding public speaker! Sean spoke about the current rules (written and unwritten) for reporters. He addressed the following issues:

Should there be live blogging and tweeting from the courtroom? If yes, should it be considered a privilege limited to journalists? And, if so, who is a "journalist" in today's world of new media?

Sean told attendees about an interesting development in the Sandusky trial. As reported in the major news networks late last week, the judge in the case announced that he would permit tweeting from the courtroom but with the caveat that the tweets could not include actual quotations.

Journalists moved the court to clarify what that meant--surely the court did not mean that only inaccurate quotations? Did the court mean that journalists had to paraphrase any tweets? In response to the motion, the court changed its mind and ordered that it would not permit live tweeting from the courtroom after all.

Further proving how current the speakers were, Thaddeus has written about the juror-investigation issue in the Sandusky trial.

Privacy In the Workplace
I was lucky enough to co-present this session with Steve Hirschfeld. Steve is the CEO of the Employer's Law Alliance, the world's largest network of employment and labor lawyers. Steve is an incredible speaker but it was his international experience is what really made the session outstanding.

Steve and I talked about the challenges facing employers that have led them to consider the use of social media, particularly in the hiring process. Then we reviewed some of the several ways employers are using social media as cyber-screening tools and gave our (somewhat diverging) thoughts on the pros and cons of those tools. In that context, we reviewed the legal implications of those tools. And, finally, we discussed the recent movement in several states to legislate these strategies, including, as you may have guessed, my thoughts on the unfortunately worded Delaware effort in this regard, H.B. 308.

Privacy In Public
The speakers for this session were the A-listers of the program. Sharon D. Nelson and John Simek of Sensei Enterprises presented a captivating story about how law enforcement used digital forensics to catch the Craigslist killer. Both Sharon and John are real pros behind the podium and everyone was so riveted by their storytelling that we hardly noticed how much substantive knowledge they had imparted.

Undoubtedly, my biggest take-away from their presentation was that there is no privacy in public--particularly when the government wants to know what you're doing, where you're doing it, and when you're doing it. For additional doses of disturbing reality regarding the lack of privacy, check out Sharon's award-winning blog, Ride the Lightning.

A Round of Applause
I can't thank the speakers enough for their participation in yesterday's event. It was a tremendous success as a result of the quality of all of the speakers who were so generous to donate their time and travel to Delaware for the event. Thanks, also, to all of the attendees for their insightful questions and discussion after the CLE.

YCST Annual Employment Law Seminar

Posted by Molly DiBiancaOn May 10, 2012In: Locally Speaking, Seminars, Past, YCST

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The Annual Employment Law Seminar held yesterday at the Chase Center on the Riverfront in Wilmington, Delaware, was a huge success. Thank you to all of the attendees for participating--your enthusiasm and engagement is the key to the program's success.

An extra dose of thanks is due to all of the brave souls who participated in Employment Law Jeopardy, hosted by Bill Bowser.

Next year's seminar will be held on May 9, so be sure to mark your calendars. In the meantime, we always welcome your comments and thoughts about ways we can improve the seminar.

Seminar for Del. Lawyers: Introduction to Federal Practice

Posted by Molly DiBiancaOn April 17, 2012In: Locally Speaking

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The Delaware Chapter of the Federal Bar Association, in conjunction with the United States District Court for the District of Delaware, has announced what sounds like an outstanding opportunity for attorneys new to Delaware practice, a two-night seminar program entitled "The Federal Trial Practice Seminar Presents: An Introduction to Federal Practice in the District of Delaware." The sessions will take place in Courtroom 2B at the J. Caleb Boggs Federal Building in Wilmington, Delaware, on Thursday, May 17 and Thursday, May 31, 2012, from 5:00 to 7:30 p.m.

Attorneys who have been practicing in the District for three years or less are eligible to participate in this seminar. One of the two seminar sessions will relate to an attorney's interaction with opposing counsel and participation in the litigation process, while the other session will focus on an attorney's interaction with the Court. Each session will include a presentation from a speaker and a panel discussion. The speakers and panel members will be current and/or former judges of the District Court.

Participation is limited to FBA members. Current FBA members may register for the seminar by contacting Steve Brauerman via e-mail by no later than May 14, 2012. Those interested in participating in the seminar who are not currently FBA members can register for membership by completing and submitting the membership form (below) or by contacting Mr. Brauerman for additional information.

Space for the seminar is limited and applicants will be accepted on a first-come, first-served basis. Applicants should be available to attend both sessions. Admission to the seminar is free and the FBA expects to apply for Continuing Legal Education credit in Delaware for both sessions.

The "Introduction to Federal Practice" seminar will be organized by the same administrative team that has organized our successful "Federal Trial Practice Seminar" (or "FTPS") in 2010 and 2011. The FTPS, an eight-week trial skills seminar program offered to attorneys in their first ten years of practice, will be next offered again in Spring 2013.


Top 25 Employment Law Blogs: An Embarrassment of Riches

Posted by Molly DiBiancaOn September 13, 2011In: Locally Speaking

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Young Conaway Employment Law Partner Bill Bowser is a fan of the phrase, embarrassment of riches, meaning an overabundance of a good thing. Just today, Adria Martinelli and I each had occasion to use the phrase today in separate conversations and laughed when we realized that the real embarrassment of riches was our frequent use of the phrase in conversation. Embarrassment of riches had, itself, become an embarrassment of riches. And it now seems that we have yet another chance to use the phrase today, as I’ve learned that the Delaware Employment Law Blog has been named by LexisNexis as one of the Top 25 Labor and Employment Law Blogs!

LexisNexis Labor & Employment Law Community 2011 Top 50 Blogs

There are so many incredible labor-and-employment law blogs and bloggers online today that I can’t imagine how tough it was to select just 25 of them for this award. I can’t even limit my annual Top 100 Labor and Employment Law Blog list to 100 anymore. I am a fan of each of the blogs named to the list of Top 25 and I recommend that you pay a visit to any of the sites you may not yet know. Between the whole motley crew of us, you’re almost guaranteed to get all of the up-to-the-minute coverage of what’s happening in the area of workplace law.

Without playing favorites, I will point you in the direction of a handful of blogs written by long-time bloggers whose posts I consistently enjoy. For example, two gentlemen I’ve had the pleasure of getting to know over the past few years, Dan Schwartz of the Connecticut Employment Law Blog and Jon Hyman of the Ohio Employer's Law Blog, both post so often, they make my head spin! Dan, Jon, Phil Miles of Lawffice Space, Rob Radcliffe of Smooth Transitions, and I also collaborated on a recently published book, Think Before You Click, which is the first Human Resources publication dedicated to in-depth coverage of social-media related issues in the workplace.

I also would like to direct you to three blogs that I read religiously but whose authors I’m sorry to say I have not yet met. Michael Fox has been blogging at Jottings by an Employer's Lawyer since before most of the rest of us knew what a blog actually was! Timothy Eavenson of Current Employment hasn’t been blogging quite as long (but, really, who has?), but still longer than most and yet consistently produces great posts on cases and issues that matter. And I am always amazed by Brian Hall of The Employer Law Report and his ability to constantly collect and curate stories from just about every source—and has the content-rich posts to prove it.

Finally, I have to mention my friend Seth Borden of Labor Relations Today. Although Seth’s blog didn’t appear in the LexisNexis list, I’m absolutely certain that it was only due to an oversight because nobody, and I mean nobody writes a better labor blog than Seth.

Although I could go on and on about the great folks with whom I’m so lucky to share the blogosphere with, I’ll, instead, leave you with the rest of those honored by LexisNexis this year. There is apparently a “race to the top” with readers able to vote for their most favorite blog from the Top 25. If you’re inclined to vote for this or any other blog on the list, you can do so here. That's also the page where you can find the entire list of all 25 employment-law blogs. And, while you’re there, be sure to check out all of the resources offered in the LexisNexis Labor and Employment Law Community—many of the bloggers on the Top 25 list are contributors to this terrific resource.

But regardless of whether or for whom you vote, thanks for reading the Delaware Employment Law Blog and any of the other many high-quality employment law blogs that are published every day. This blogging stuff can be a lot of work! But for those of us who do it, it’s a labor of love and we do appreciate having you come along for the ride.

Thanks for the Kind Words

Posted by Molly DiBiancaOn August 22, 2011In: Locally Speaking

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LexisNexis has selected Delaware Employment Law Blog as a nominee for its Top 25 Labor and Employment Law Blogs. We're very honored to have been selected and are in very good company, along with 58 or so other excellent employment law or Human Resources-related blogs that also were nominated. According to LexisNexis, readers are encouraged to leave a comment in support of their favorit blog--each comment is counted as one "vote" and can be submitted through September 12, when the top 25 are announced.

Honestly, the biggest reward that we could hope for is your continued readership. Ok, well, the kind words some of you send to us once in a while don't hurt, either--I mean, who doesn't appreciate a compliment now and then? So we won't ask you to vote for us but certainly wouldn't object if you were inclined to do so anyway. To vote, you must be registered, so there is a prerequisite. If that doesn't stop you from wanting to support the Delaware Employment Law Blog, we thank you for your dedication. And, if not, thanks anyway! We're glad to have you stop by the blog anytime, voting or no voting!

Delaware Legislature Buzzing Over Medical Marijuana

Posted by William W. BowserOn January 26, 2011In: Disabilities (ADA), Legislative Update, Locally Speaking

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A bill to permit the use of marijuana for medical purposes was introduced in the Delaware General Assembly yesterday. Senate Bill 17, if enacted, would create an exception to Delaware’s criminal laws by permitting the doctor-recommended medical use of marijuana by patients with serious medical conditions. A patient would be protected from arrest if his or her physician certifies, in writing, that the patient has a specified debilitating medical condition and that the patient would receive therapeutic benefit from medical marijuana. 3d doctor running

Patients would be allowed to possess up to 6 ounces for their medical use. The legislation allows them to designate a caregiver who would also receive an ID card. Each caregiver may assist no more than five qualifying patients. The legislation would also allow for the state-regulated, non-profit distribution of medical marijuana. The Department of Health and Social Services would issue registration certificates to qualified applicants.

SB 17 also contains restrictions on the medical use of marijuana, including prohibitions on public use of marijuana and driving under the influence of marijuana.

While the bill states that employers are not required to allow patients to be impaired at work or to allow the possession of marijuana at a workplace, it does not address how employers are to deal with employees who test positive for marijuana or ask for accommodations under the ADA.

Other States' Laws

Delaware joins a growing list of States proposing or enacting medical marijuana laws. Last year alone, about 12 additional states considered legislation or ballot initiatives that would legalize medical marijuana

Some states have already enacted legislation. Earlier this year, New Jersey and the District of Columbia signed medical marijuana legislation into law. Two additional states, though not specifically legalizing medical marijuana, have passed laws that are favorable to its use. Maryland recognizes medical use as a defense in court, while Arizona allows doctors allows doctors to prescribe marijuana (though federal law prohibits doctors from doing so).

Other Legal Issues, From ADA Accommodation to Safety

Legal questions are sure to arise regarding whether employers need to make accommodations under the Americans with Disabilities Act (ADA) for employees who use medical marijuana, either on or off the job, to treat disabilities caused by their medical conditions. At least one state supreme court has ruled that employers don't need to make such accommodations. Because the ADA doesn't require accommodations that would create a threat to employee safety or unreasonable risk of harm, some employers could argue that accommodating an employee who tests positive for marijuana use or allowing such use in the workplace creates a dangerous environment.

Speaking of dangerous environments, an added concern for employers of medical marijuana patients is workplace safety. Employers must still meet Occupational Safety and Health Administration and other federal regulations for safety, especially when employees perform potentially dangerous jobs such as operating heavy equipment, machinery, or motor vehicles as part of their job duties.

See also Wilmington News Journal's coverage of Montel Williams' visit to Dover, Delaware, in support of SB 17

The EEOC Celebrates Its 45 Anniversary With Seminar

Posted by Molly DiBiancaOn December 7, 2010In: Locally Speaking, Seminars

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On Wednesday, December 8, 2010, the EEOC will commemorate its 45th anniversary by hosting a public seminar discussing its continued efforts to eliminate workplace discrimination. The free event will be held at the National Constitution Center, Kirby Auditorium, from 1:00 p.m. to 4:30 p.m.eeoc

The theme of the program is "EEOC at 45: Charting a Path toward Equal Employment."  Current EEOC Chair Jacqueline A. Berrien, and former Chair William H. Brown, III, will participate in a discussion, "Reflections on the Past, Present and Future of the EEOC."  Scott F. Cooper will moderate a panel discussion "Charting a Path toward Equal Employment", featuring attorneys and stakeholders: Mark Dichter, Sidney Gold, Juan Laureda, Rosalyn O'Neale, Matt Rubin, and Patricia Folino.

    To reserve a seat at this exciting commemoration, hosted by the Philadelphia Bar Association and the Philadelphia Federal Executive Board, please call 215-440-2671 or e-mail

    Nov. 16, 2010: New Castle County Chamber Women’s Business Expo

    Posted by Molly DiBiancaOn September 28, 2010In: Locally Speaking, Seminars

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    The Annual Women's Business Expo, held by New Castle County Delaware's Chamber of Commerce, will celebrate its 20th anniversary this year. The Expo will feature over 100 exhibitors, workshops, an awards luncheon honoring businesswomen in New Castle County, and a keynote presentation by author Jen Groover, creator of the Butler Bag.

    I will be co-presenting about ways that businesses can use social media from a legal perspective.

    The Expo will be held at the University of Delaware. Full day admission for members is $55 ($75 for nonmembers), and you can register online at the New Castle County Chamber's website.

    Delaware Employers, Are You Ready for the Cell-Phone Ban?

    Posted by Molly DiBiancaOn August 2, 2010In: Legislative Update, Locally Speaking, Policies

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    Delaware’s law banning calling and texting while driving takes effect in January. Eric Ruth, of the Wilmington News Journal, details what Delaware's new no-cell-phone law does and does not require and, with a few suggestions from Adria B. Martinelli, offers ways that employers can begin to prepare.

    Adria also offers some tips for employers who will need to update their policies:

    • Ban all cell phone use while driving company-owned vehicles -- even hands-free devices can distract drivers.
    • Specifically ban texting and e-mailing while driving. If text messaging must be used, incorporate a strict policy requiring drivers to first find a safe area to park the vehicle.
    • Make an exception for emergencies that require police or medical attention.
    • Also require all occupants of company-owned vehicles or private vehicles driven on company business to wear seat belts.
    • Monitor and enforce the policy.

    On the Road Again: What State Cell-Phone Bans Mean for Employers

    Posted by Adria B. MartinelliOn July 7, 2010In: Legislative Update, Locally Speaking, Newsworthy

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    Delaware will join the many states that ban cell-phone use while driving.  The law, signed by Gov. Markell on July 6, will take effect on January 2, 2011. The new law bans texting while driving and the use of hand-held cell phones – meaning a hands-free device will be required to talk on the cell phone while driving. It also bans the use of pagers, PDAs, BlackBerry devices, laptops, games or portable computers, and two-way communication devices while driving. In addition, drivers cannot browse wirelessly or read, write, or send messages while driving.pda 2

    There are a few exceptions, including for law enforcement, firefighters, EMS technicians, or other operators of emergency vehicles. In addition, two-way mounted radios can be used to communicate with other employees or a central dispatch.

    Any violation is primary offense and a civil penalty. The fine for the first offense is $50 and subsequent penalties are between $100 and $200 dollars.

    29 other states plus D.C. & Guam ban texting. Delaware will be only the eighth state to ban the use of hand-held phones. Delaware State Police cite 230 crashes in 2009 that involved the use of a cell phone as a distraction. National research shoes that drivers using cell phones are four times more likely to get into crashes causing an injury.

    Employer Policies

    The new laws don’t require you to have specific policies, but it’s a good idea to remind your employees that they need to follow the law while they’re working. There are many reasons employers should take all the steps they can to make sure their employees are driving safely while on the job. Employers may be legally responsible for the actions of their employees. If one of your employees is negligent, gets into an accident, and injures someone while on the job, the company could be held liable. Furthermore, if the employee is injured, you will likely have a workers’ compensation claim on your hands as well.

    For these reasons, consider adopting and enforcing the following policies – some of which go further than Delaware’s new law:

    · Ban all cell phone use while driving company-owned vehicles or on company property (even hands-free phones can distract drivers);

    · Ban texting and emailing while driving.  If text messaging must be used, incorporate a strict policy requiring drivers to first find a safe area to park the vehicle;

    · Make an exception for emergencies that require police or medical attention;

    · Require all occupants of company-owned vehicles or private vehicles driven on company business to wear their seat belts, and monitor and enforce the policy. Seat belt use is the single most effective way for vehicle occupants to prevent injuries and fatalities;

    · Include a signed acknowledgement of your written policy;

    Finally, employers may want to contact their insurance broker or review their insurance policies to make sure your company and your employees are adequately covered.

    By implementing the suggested policies, employers can ensure their employees are following the law AND that, as an employer, have taken all steps possible to prevent accidents and minimize the company’s liability.

    Bonus Benefit

    Another potential upside of the cell phone ban, according to the L.A. Times, is improved personal relationships!  According to the article, effective communication while driving is difficult and can lead to relationship problems. 

    Pending Delaware Legislation May Affect Employee Credentialing

    Posted by Maribeth L. MinellaOn May 13, 2010In: Legislative Update, Locally Speaking

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    Delaware’s legislature has bills pending which may change how some employers credential their employees.

    First, there is a bill pending (Senate Bill No. 236) which will remove the provision that allows for the registration of psychological assistants who hold a master’s degree that is “based on a program of studies that is psychological in content and specifically designed to train and prepare psychologists but who is not working toward full licensure as a psychologist.” Pursuant to the bill, a psychological assistant must have completed all the course requirements for a doctoral degree in psychology. A grandfather provision is included for existing registered psychological assistants who maintain their registration. The change limits psychological assistants to those people who meet the experience requirement under §3508(a)(2) for full licensure as a psychologist. The bill was reported out of committee on May 12, 2010.

    Second, there is a bill pending (House Bill No. 377) for all state contractors in the plumbing and heating, ventilation, air conditioning and air refrigeration (“HVACR”) fields. Currently a licensed contractor from any state can obtain a Delaware plumbing or HVACR license by simply paying a fee and proving that the contractor is licensed elsewhere. Some states do not offer the same reciprocity, and instead require Delaware contractors take a written test, pay a fee, and satisfy all licensing criteria for that state.  This bill eliminates the existing disparity between Delaware and out of state reciprocity requirements.   If an out of state contractor’s home state has provisions similar to Delaware’s, the contractor may obtain a Delaware license through the reciprocity provisions.  If the other state does not offer reciprocity, that state’s resident plumbing and HVACR contractors must go through the full process of becoming licensed in Delaware. The bill was reported out of committee on May 12, 2010.

    Third, pending Senate Bill No. 246 would create a Delaware Board of Examiners of Bail Enforcement Agents empowered to enforce standards upon bail enforcement agents. This 9 member board will supplant the primary responsibility of the Secretary of the Department of Safety and Homeland Security regarding licensure and disciplinary regulatory authority. Regulations proposed by the Board would still be subject to the approval of the Secretary. The Bill also requires that licensees operating a bail enforcement company obtain insurance and file proof of insurance with the Board. The bill was reported out of the Senate’s sunset committee on May 12, 2010.

    Employers can find out more about pending state legislation and how the legislative process works at

    2009 Stats on Delaware Charges of Discrimination

    Posted by Molly DiBiancaOn February 19, 2010In: Discrimination, Locally Speaking

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    Delaware Department of Labor (DDOL), has published its yearly statistics for FY2009 relating to the charges of discrimination filed with its Office of Anti-Discrimination.  Here are some highlights:


    It may not come as a surprise that the most-often filed charge was a retaliation charge, making up just over 70% of all charges filed.  Where a charge alleges more than one basis, each basis was counted separately, which explains why the total is higher than 100%.  It also indicates that retaliation is very often added as a second basis to a charge that alleges other types of discrimination. 




    Again, not surprisingly, DDOL had a very busy year, with intakes at a five-year high.