Delaware Employment Law Updates – 2018

Delaware Employment Law Updates – 2018

August
August 29 – Gov. Carney signed a law creating new workplace sexual harassment rules
On August 29, 2018, Governor Carney signed House Substitute 1 to House Bill 360. The new law applies to employers with four (4) or more employees. It establishes a definition of sexual harassment and when employers may be liable for it. It also requires employers with 50 or more employees to provide sexual harassment training to employees every two (2) year. Other requirements and limitations apply.
The new law becomes effective on January 1, 2019.
July
July 23 – Gov. Carney signed a law requiring nursing and assisted living facilities to annually offer the influenza vaccine to employees
On July 23, 2018, Governor Carney signed House Bill 431. The new law requires nursing and assisted living facilities to annually offer the influenza vaccine to all employees with direct contact with patients at no cost to the employees. The nursing and assisted living facilities must offer the vaccine to employees from October 1 of a given year to March 1 of the following year. They must also keep a record of a signed statement from employees acknowledging they have been offered the vaccine and either accepted or declined the vaccination.
The new law becomes effective on October 1, 2018.
July 11 – Gov. Carney signed a law creating a state WARN law

On July 11, 2018, Governor Carney signed House Bill 409. The new law creates the Delaware Worker Adjustment and Retraining Notification Act (WARN). This law requires certain employers to provide notice to the state when they will be having mass layoffs or plant closings. It differs from the Federal WARN Act in some ways including greater notice requirements.

The new law becomes effective on January 7, 2019.
July 1 – Gov. Carney signed a law increasing the state’s minimum wage

On July 1, 2018, Governor Carney signed Senate Bill 170. The new law increases the state’s minimum wage. Begining October 1, 2018, the minimum wage will be $8.75. On October 1, 2019, the minimum wage increases to $9.25.

June
June 30 – Gov. Carney signed a law granting state employees up to 12 weeks of paid family leave

On June 30, 2018, Governor Carney signed House Bill 3. The new law gives employees who have worked for the state for more than one continuous year the right to take up to 12 weeks of leave upon the birth or adoption of a child. Other requirements and restrictions apply.

The new law becomes effective on April 1, 2018.
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