Labor and Employment


Richards Layton employment lawyers don’t just know employment law—we understand workplace relationships and develop a solid understanding of our clients’ employment issues and policies. Our customized solutions help ensure compliance with national and state labor laws, minimize disputes with employees, and maximize strategic advantage if litigation is necessary. We combine responsiveness and skill for the creative planning and aggressive advocacy that meet the specific needs of each client.

Effective Federal and State Practice
Employers of all sizes and in many business sectors in both regional and national markets rely on Richards Layton for proactive employment law advice and defense in employment law disputes.  We are experienced at keeping our clients in compliance with federal and state employment and labor law, and defending them in court when controversies arise under those laws.

Our clients often are Delaware corporations with operations in the state, but we also represent Delaware business entities with facilities elsewhere.  We have solid relationships with state employment law administrative agencies such as the Delaware Department of Labor (DDOL), as well as with federal regulators such as the Equal Employment Opportunity Commission (EEOC) regional office in Philadelphia.  That familiarity often makes the difference in resolving problems successfully in Delaware and in other states.

Personal Service
We have the broad employment law knowledge to handle the wide variety of issues that arise in workplace relationships.  That gives us the ability to act quickly and provide customized solutions.  Our lawyers are available to employment law clients whenever and wherever necessary.  The potential cost and distraction of employment problems like sexual harassment allegations or noncompete disputes demand immediate attention, and we provide it.

Employment Advice for Transactions
We keep issues of employment law compliance from becoming major concerns when assets, businesses or companies are bought or sold—particularly in transactions involving Delaware entities or those governed by Delaware law.  Our lawyers can identify potential issues, then structure and document transactions in a way that protects clients while ensuring completion of the deal.  We ask the right questions about compliance policies, compensation arrangements, employee benefits and employment contracts in order to eliminate problems and avoid risk from employment law violations or litigation after the deal closes.

Employment Litigation
Our lawyers are fully prepared to defend employers in claims made under federal and state employment statutes.  We represent employer clients in complaint investigations and administrative proceedings by federal and state agencies, and have successfully litigated and resolved matters in federal district courts, bankruptcy court and state courts involving allegations and claims of:

  • Discrimination by age, race, gender, disability and other protected status
  • Sexual harassment and other Title VII violations
  • DDOL and EEOC charges
  • Americans with Disabilities Act (ADA) violations, including failure to accommodate
  • Wrongful and retaliatory discharge
  • Family Medical & Leave Act (FMLA) violations
  • Wage and hour violations under the Fair Labor Standards Act (FLSA)
  • Worker Adjustment and Retraining Notification (WARN) violations.

We have particular strength in handling business and employee related restrictive covenant, contract and wage claims in the Delaware Superior Court and Delaware Court of Chancery. Whether the issue involves noncompete agreements, nonpayment of severance, breach of employment contract or similar controversies, our lawyers can effectively advocate on a client’s behalf.

Noncompete Agreements
Disputes over noncompete agreements are the kind of time-sensitive controversies at which we excel.  We’ve handled litigation representing employers and individual employees, and are skilled at securing restraining orders and permanent injunctions or resisting invalid ones as needed to protect our clients, especially in cases governed by Delaware law or tried in the Delaware courts.

Contract Negotiation and Drafting
The insights we gain in resolving noncompete and nondisclosure disputes enable our lawyers to draft effective restrictive covenants that, as needed, can help to prevent the disclosure of customer lists, trade secrets and other sensitive or proprietary information.  For example, our lawyers negotiate and draft employment contracts as well as effective severance agreements for use in the termination of management or executive employees, ensuring that the employer’s rights to confidential or sensitive information are fully protected and that the employer meets all the procedural requirements of the Age Discrimination in Employment Act (ADEA) and the Older Workers Benefit Protection Act.

Labor Law and Union Relations
Whether clients currently have a unionized workforce or seek to maintain a workplace free of such involvement, our low-profile but highly effective labor relations counsel can help maintain a competitive workplace while minimizing conflicts and maximizing management flexibility.  

In unionized workplaces, we work alongside human and labor relations personnel to engage in collective bargaining (including multi-location talks), respond to grievance and arbitration actions, manage reductions in force, and handle such sensitive issues as drug testing, discipline proceedings and strikes.  Our lawyers can also effectively represent employers in labor law disputes before the National Labor Relations Board (NLRB).  Clients that face union organizing drives rely on us to counter aggressive unionizing efforts and communicate fully with all employees while remaining in full compliance with NLRB election law.

Problem Prevention and Training
Our lawyers help clients develop and implement a sound and consistent approach to effectively avoiding workplace controversies and resolving employee concerns without resorting to litigation.

Policies and Procedures
We draft workplace policies and procedures that can prevent potential problems and disputes with employees.  Our compliance advice is founded on asking the right questions about current employment compliance policies in order to find areas that may be out of date or need improvement.  The goal is to help eliminate problems and avoid risk, and the key to that is developing personnel policies tailored to the individual employer that meet all legal requirements and minimize the likelihood of employment-related claims and lawsuits.

We help train managers and HR staff, and even employees when needed, on federal and state employment laws.  To make the new policies we’ve helped establish become part of everyday business practices, we conduct on-site programs customized to each client’s concerns.  We also provide practical tips for general compliance with new and existing laws and regulations.  Richards Layton employment lawyers share their insights with employers by speaking to business and professional groups at meetings and conferences statewide and throughout the region as well as through CLE seminars and in-house networking/training lunches.  Because of our contacts with so many employers, we know what works and we can implement it cost-efficiently for our clients.

Internal Investigations
We can conduct internal investigation of harassment, discrimination or retaliation claims at their early stages, to recommend the best litigation-avoidance approach as well as to help prevent future workplace issues.  We also offer guidance on sensitive issues such as alcohol and drug testing and background checks in hiring.  We have the experience to minimize workplace problems while respecting the employees’ privacy and avoiding employee claims of retaliation.

WARN Notification
We help clients comply with the federal WARN Act requiring advance notice of covered plant closings and mass layoffs.  Because such notices must be provided not just to employees and their representatives, but also to the appropriate units of state and local government, effective planning for WARN notification is a must.  Richards Layton has advised on numerous notification and possible exemption issues.



  • "DOL Updates Guidance on the FFCRA Related to School Reopenings," September 1, 2020   View >
  • "U.S. DOL Clarifies that Refusing an Offer of Employment Does Not Necessarily Rule Out Unemployment Benefits," July 27, 2020   View >
  • "Employers Cannot Mandate COVID-19 Antibody Tests for Employees," June 18, 2020   View >
  • "EEOC's Expanded Covid-19 Telework and Return to Workplace Guidance Demands Robust Management Training ," June 16, 2020   View >
  • "EEOC Permits Employers to Test for COVID-19," April 27, 2020   View >
  • "U.S. Department of Labor Issues Enforcement Guidance on Recording Cases of COVID-19," April 20, 2020   View >
  • "DOL Issues Temporary Rule: "Paid Leave under the Families First Coronavirus Response Act"," April 2, 2020   View >
  • "US DOL Issues Expanded Coronavirus Leave Law Guidance," March 31, 2020   View >
  • "Families First Coronavirus Response Act Notice Must Be Posted or Distributed by April 1," March 26, 2020   View >
  • "Employment Guidance for Delaware Employers of Essential Personnel," March 25, 2020   View >
  • "President Signs Families First Coronavirus Response Act into Law ," March 19, 2020   View >
  • "DOL Clarifies "Regular Rate" for FLSA Overtime Calculations," January 7, 2020   View >
  • "Lex Mundi Global Employment Law Guide - Delaware," Lex Mundi, December 10, 2019   View >
  • "U.S. Department of Labor Issues Final Overtime Rule," September 26, 2019   View >
  • "Employers Must Provide 2017 and 2018 Pay Data to EEOC by September 30; Current EEO-1 Report Deadline Remains May 31," May 3, 2019   View >
  • "U.S. Department of Labor Proposes New Overtime Rule," March 11, 2019   View >
  • "Jury Awards over $1.5 Million to Delaware Worker in Breastfeeding Discrimination Case," February 14, 2019   View >
  • "Delaware Legislature Passes Equal Rights Amendment Bill," January 24, 2019   View >
  • "Governor Carney Signs Bill Combatting Sexual Harassment," August 30, 2018   View >
  • "Delaware Raises the State Minimum Wage," July 20, 2018   View >
  • "Delaware Law Broadens Protections Against Sexual Harassment for Delaware Workers," July 9, 2018   View >
  • "New Delaware WARN Act Heightens Notice Requirements for Delaware Employers," July 3, 2018   View >
  • "Delaware Employers Can No Longer Ask Applicants About Compensation History," June 20, 2017   View >
  • "Proposed Law Prohibits Delaware Employers From Asking Applicants About Previous Compensation," April 27, 2017   View >
  • "Updated Delaware Labor Law Poster Available for Required Posting," March 8, 2017   View >
  • "New Delaware Legislation Impacting Employers," October 12, 2016   View >
  • "Greater Protections for Delaware Employees = Additional Training and Awareness for Management," Delaware Banker, Summer 2016   View >
  • "New Delaware Legislation Impacting Employers ," July 7, 2016   View >
  • "EEOC More Than Doubles Fines for Title VII, ADA and GINA Notice Posting Violations," June 7, 2016   View >
  • "Department of Labor Issues Final Rule Expanding Overtime to Millions of Employees," May 18, 2016   View >
  • "New Federal Trade Secrets Law Impacts Employers," May 17, 2016   View >
  • "DOL Broadly Interprets Joint Employment Liability Under FLSA," February 23, 2016   View >
  • "Delaware Expands Anti-Discrimination Protection for Employees ," September 15, 2015   View >
  • "DOL Issues New Model FMLA Forms," June 3, 2015   View >
  • "Three New Delaware Employment Laws Go into Effect," September 19, 2014   View >
  • "The Gender Identity Nondiscrimination Act Becomes Law in Delaware," June 26, 2013   View >
  • "Delaware Legalizes Same-Gender Marriage," May 10, 2013   View >
  • "Delaware Labor & Employment Law Update: For Now, Employers Are Not Required to Post the NLRB Notice Poster," April 20, 2012   View >
  • "Penn State Ordeal Reminds Employers that Clear Policies and Reporting Structures Are Critical," November 11, 2011   View >
  • "New Mandatory Posting Requirements for Employers," September 8, 2011   View >
  • "Delaware Laws & Programs Affecting Business - 2011 Edition," July 2011   View >
  • "Delaware Employers Urged to Review and Revise Employment Policies and Compensation Plans in Light of Delaware's Recently Enacted Civil Union and Equality Act," June 1, 2011   View >
  • "Delaware Labor & Employment Law Update: EEOC Issues Final Regulations on the ADA Amendments," March 31, 2011   View >
  • "Labor & Employment Law Update: EEOC Issues Final GINA Regulations," November 18, 2010   View >
  • "FMLA Definition of "Son and Daughter" Clarified by the U.S. Department of Labor," June 30, 2010   View >
  • "Labor & Employment Law Update - FLSA Amendment Requires Breaks for Nursing Mothers," April 14, 2010   View >
  • "President Obama Signs Law to Provide Tax Benefits for Employers," March 22, 2010   View >
  • "Labor & Employment Law Update," November 4, 2009   View >
  • "Delaware's Anti-Discrimination Laws Have Been Extended to Include Protection from Discrimination Based on Sexual Orientation," July 15, 2009   View >
  • "New FMLA Regulations Issued By DOL," November 20, 2008   View >
  • "ADA Amendments Act of 2008," October 1, 2008   View >
  • "Preparation and Management of Discrimination Suits," Inside the Minds, May 2008   View >
  • "Rocking the Cradle," Delaware Banker, Spring 2008   View >
  • "Additional FMLA Leave For Families of Armed Forces," February 14, 2008   View >