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Well, it’s happened again. The Delaware Employment Law Blog was selected as one of the Top 100 Legal Blogs in the country by the ABA Journal Magazine.  Because this is my fifth year as an honoree, I’ve been inducted into the magazine’s Hall of Fame, where I join my friend Dan Schwartz, whose Connecticut Employment Law Blog was inducted in 2013.  In my world, this is the most prestigious award a legal blogger can receive and it is such an honor to have been selected again. It is, as the saying goes, truly an embarrassment of riches.

ABA Journal Top Blawg 100

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 who continue to set an incredibly high standard for the rest of us, thank you.

I share the honor this year with seven other employment-law bloggers, each of who does a tremendous job reporting on the various aspects our shared practice area. Many of you already read the blogs of my co-winners but, if you don’t, you should.  I continue to be humbled by the company I have been permitted to keep.

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.

You can vote for your favorite in the employment-law category at the ABA Journal site . . . but no pressure, really.  Voting is open through December 11.  You can find all of the Top 100 bloggers on Twitter through the ABA Journal’s list.

So, as Frank and Ed used to say in those classic Bartles & James commercials, “Thank you for your support.”

Well, it’s happened again.  The Delaware Employment Law Blog was selected as one of the Top 100 Legal Blogs in the country for the fifth consecutive year.  In my world, this is the most prestigious award a legal blogger can receive and it is such an honor to have been selected again.  It is, as the saying goes, truly an embarrassment of riches. 

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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 an incredibly high standard for the rest of us, thank you.

I share the honor this year with six 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 of winners-we’re all repeat honorees, except for Trading Secrets, which we extend a warm welcome to the Winner’s Circle:

I’ve said it before but will say it again here because it’s more true than ever-I am in awe of my fellow honorees.  The time and work that they consistently devote to their blogs is just amazing.  I continue to be humbled by the company I have been permitted to keep. 

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.

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. So, as Frank and Ed used to say in those classic Bartles & James commercials, “Thank you for your support.”

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.

I’ve spent the past four weeks preparing for and in trial in Delaware’s Court of Chancery.  As evidenced by the absence of any posts in the past several weeks, virtually all of my waking hours have been devoted to the case as we neared the big day at the courthouse.  Now that trial has concluded and we switch gears to focus on the impending post-trial briefing and oral argument, I’ve been able to to catch my breath and to reflect. judge's gavel

In the employment context, trials are few and far between.  Most cases are dismissed or settled prior to trial.  Clients often struggle with the idea of settlement, though, and, at least initially, find the idea difficult to stomach.  This automatic bias against settlement is unfortunately, though, as there are can be many good reasons to settle a case-both for the plaintiff and defendant. 

Good lawyers will discuss those reasons with their clients early in the case in a frank and honest way.  And good lawyers will keep an eye on those reasons throughout the case and will not hesitate to remind their clients about them when appropriate.  A lawyer who discourages his client from considering settlement is, in my opinion, doing his client a tremendous disservice.

Here are some of the points I urge clients to consider when discussing the idea of settlement:

1.  Control

Unlike a decision left in the hands of the court or a jury, a negotiated settlement is left in the parties’ control. You agree only to what you are willing to agree and you know exactly what you will get in return.  A settlement eliminates the possibility of an unexpected adverse decision.

2.  Confidentiality (Or Not)

Unlike a court order or jury decision, the terms (and even the existence) of a settlement agreement can be subject to a confidentiality provision.  Alternatively, the parties can agree to a limited confidentiality provision. This may be desirable in cases where the employer wants to be able to communicate some limited information about the result to its workforce, for example.

3.  The Value of Non-Monetary Relief

Contrary to popular belief, there are plenty of cases in which non-monetary relief is included in the parties’ final settlement agreement.  Although money is often a driving force in reaching agreement, readers may be surprised by how many cases involve certain important non-monetary terms.  For example, in cases in which the plaintiff-employee alleges wrongful termination, a positive, or even neutral, letter of reference can be an important term.  In cases where the plaintiff is still employed, the settlement may include the removal of a disciplinary write-up from the employee’s personnel file.

4.  A Return to Normal

Often times, employers find that the most attractive part of settlement is the ability to put an end to the drain on resources that litigation absolutely involves.  Litigation is costly in attorney’s fees and other expenses.  But there are other critical costs, too, including the time key decision makers must devote to the case and the general distraction that it causes in the workplace.  Every hour spent in depositions and discovery is an hour that cannot be devoted to achieving the organization’s objectives.  I’ve never had a client who didn’t take a deep sigh of relief once the case was resolved and they realize they’re able to return to running their business.

I took a week off of blogging last week in a largely unsuccessful attempt at vacation. Although my vacation plans did not turn out quite as I’d expected, I did manage to tear myself away from the computer, my smartphone, Twitter, and the Internet as a whole for three entire days. For me, this is no small feat.

The draws of the digital world are many. For me, the strongest pull is the thought of a client trying to reach me. I’m in the service business, after all. So it’s my business to make sure my clients are getting the services they need, when they need it.

My three-day reprieve was a reasonable success. I was able to see a few sights, take a few good pictures, and even managed to make some time for a little retail therapy. And, despite my digital absence, no client suffered as a result.

Maintaining a “work-life balance” (whatever that is), has never been my strong suit. But my long weekend has given me a bit of perspective. It’s good to get some fresh air once in a while. It’s good to get away from the daily grind every so often. And it’s really good not to be tied to the iPhone 24-7.

Now, all that being said, I’ll finally get to the point of this post. During my brief respite, I learned that this blog was voted into the top spot in the Labor & Employment category of ABA Journal’s Top 100 Blawgs. Lest you think that I was anything other than extremely grateful for your votes, I thought it best to let you know why my thanks have been somewhat delayed.

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Delayed or not, my thanks are sincere. I’ve said it before but I’ll say it again–thank you for your support.

For those of you who visit the blog irregularly, consider subscribing via email, which you can do by entering your email address in the box at the top right side of this page. That way, you’ll get the day’s post delivered before lunch. Seems that email has its advantages after all.

Being selected as a Top 100 Blawg by the ABA Journal again this year is such an honor. What makes this honor even more remarkable is the popularity of our field. According to the State of the AmLaw 200 Blogosphere report, Labor and Employment is the single most popular category for legal blogs among the country’s largest law firms. Put that fact together with the fact that we are not a big law firm and I’m even more flattered than I dare express.

For those of you who have already cast your vote for us in the Labor & Employment category, thank you, thank you, thank you. If you haven’t yet voted, there’s still time–voting closes at the end of this week.

As I’ve said a number of times, blogging is a real labor of love. It doesn’t pay–just the opposite, it takes time that I would otherwise spend doing billable work. So why do it? Honestly, there are more reasons than I could fit in a single post.

If you’re considering starting a blog or if you just want to learn more about it, take a stroll around the newest blog written by Ernie Svenson. Ernie is a practicing attorney in New Orleans who also happens to be a prolific blogger. He’s written a great new book for the ABA titled, Blogging In One Hour for Lawyers.

Ernie was kind enough to mention me in the book’s Acknowledgment and has posted my answers to 5 questions he asked several law bloggers. Check out his blog post to get a sense of why I love blogging and how I got started. While you’re there, be sure to check out the answers that other bloggers shared, as well.

And thanks again for your ongoing support of our humble endeavor at the Delaware Employment Law Blog!!

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.

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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.”

 
http://www.youtube.com/watch?v=uXj9sj3QsSg
 

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

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.

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