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FMLA Master Class: Feb. 12, 2014

Posted by Molly DiBiancaOn January 22, 2014In: Fair Labor Standards Act (FLSA), Seminars, Past, Wages and Benefits

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The Family and Medical Leave Act has been a part of the workplace for more than a decade, so it’s gotten easier for HR to administer, right?  Not so.  Confusing regulations, coupled with numerous recent changes at both the legislative and regulatory levels and conflicting court decisions, ensure that FMLA continues to be one of the biggest compliance headaches for employers.

Let us help you clarify the confusion surrounding the numerous legislative and regulatory changes to the FMLA and get answers to all your FMLA questions at this advanced-level seminar just for Delaware employers.  Learn More.

Register now for the one-day seminar, and you'll learn:

  • The latest expansion, so you don’t risk noncompliance
  • What recent FMLA court decisions really mean, so you can adjust your policies accordingly
  • Why FMLA record-keeping continues to trip up even the savviest human resource managers, and effective solutions to avoid similar mistakes
  • How to tame the intermittent leave and reduced schedule beasts, and put a stop to abuse and fraud
  • How FMLA, ADA, and your state's leave and workers’ comp laws overlap, so you don’t violate any statute
  • What to expect when an employee’s expecting, so you can balance your business needs with her personal requirements, all within the spirit and letter of the law
  • How to judge a "serious health condition" the way a real judge would, and eliminate disputes about what does and doesn’t constitute it
  • And more...

Visit HRhero.com to see your full Agenda.

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How to Register:

  • Register Now online or call (800) 274-6774.
  • Please mention Seminar Code S1694A when calling

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).
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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.

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.

Oct. 18, 2010: Monitoring Employee E-mail, Texting, and Facebook Audio Conference

Posted by Molly DiBiancaOn September 28, 2010In: Seminars, Past, Social Media in the Workplace

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Do you suspect an employee is spending more time Facebooking than working? How far can you go to monitor blogs, e-mails, and texts without invading an employees privacy? Even the best-intended employers are struggling to keep up with the legal developments in this area.surveillance camera


I will be presenting an audio-conference discussing how a recent Supreme Court decision should impact your electronic monitoring policies:

  • Best practices to avoid invasion of privacy claims: Is it really effective, or necessary, to ban personal use of employer-provided phones, computers, etc.?
  • Pros and cons of monitoring your employees' online activities during off-duty time
  • Best practices for monitoring your organization's phone logs, computers, e-mails, texts, blogs and other social media
  • How to implement and communicate a policy to your workforce regarding electronic monitoring in the workplace
  • How to adjust your HR policies to inform employees that your organization's e-mail, blogs, texts, and social networking sites may be monitored
  • The federal rules that govern electronic monitoring in the workplace, including how the Electronic Communications Privacy Act comes into play
  • How far can you go to monitor employee electronic communications? What types of surveillance should you avoid?
  • Your legal options if you suspect an employee is stealing confidential data using an electronic device

This 90-minute audio conference will be held on October 18, 2010, beginning at 11 a.m. Eastern time. Registration and additional information is available on the HR Hero website.

October 15, 2010: Delaware Valley Human Resources Partnership Summit

Posted by Molly DiBiancaOn September 28, 2010In: Seminars, Past

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The 2010 Annual Delaware Valley Human Resources Partnership Summit is coming to the Valley Forge Convention Center in King of Prussia on October 15, 2010.  This one-day conference is a partnership between Greater Valley Forge HR Association and the Philadelphia SHRM Chapter, and features the following six learning tracks:

· 21st Century Tools and Technology2010dvHR_tall

· Employee Relations and Legal

· Engagement, Retention and Recruiting

· HR Strategy

· Total Rewards

· Organizational Development

I am very excited to be participating as a speaker in this year's event. I'll be speaking on Hiring with Social Media as part of the first learning track.

The Summit has been approved for 5.25 HRCI strategic management credits. General credits will also be offered. The conference agenda and online registration are available on the DVHRP Summit website. 

August 9: EEOC Seminar in Philadelphia

Posted by Molly DiBiancaOn July 29, 2010In: Seminars, Past

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This seminar presented by the EEOC looks like an outstanding learning opportunity for HR professionals.  There are great topics and great speakers, so I'm passing it along for readers in the Philadelphia area.

WHAT: EEOC Technical Assistance Program Seminar

WHERE:  Ace Conference Center, Lafayette Hill, Pennsylvania

WHEN: August 9, 2010

Less than two weeks to register!! Come to the Ace Conference Center in Lafayette Hill for an EEO seminar hosted by the Philadelphia EEOC district office, your source for employment discrimination compliance training. The Ace Conference Center is about 12 miles from downtown Philadelphia and easily accessible from 1-76, I-476 and the Pennsylvania Turnpike.

This seminar has been approved for 5.75 (General ) recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute.

For more agenda information, see the seminar brochure with registration form.

Discount Price of $319 is still available when you register and pay online with a credit card or electronic check. Click here to register online.  Regular rate is $349.

Registration Customer Service Contacts: 866.446.0940 (customer service rep), 800.828.1120 (TTY), 518.615.8422 (FAX) or eeoc.traininginstitute@eeoc.gov.

June 8: Delaware SHRM Breakfast Meeting (Social Media)

Posted by Molly DiBiancaOn June 4, 2010In: Seminars, Past

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Join Molly DiBianca and Delaware SHRM at 7:30 am on June 8th for an interactive discussion of social media for hiring.  We'll discuss:

  • the impact of social media sites on recruiters and hiring managers;
  • how social media is changing the nature of recruiting; and
  • legal liability and exposure of using social media.

The impact of social media sites like Twitter, Facebook and LinkedIn is undeniable but, also, undefined. Hundreds of millions of Americans now use these sites and others like them for an expanding number of reasons. And it's not just the country's youth online, either. Twitter users are more likely to be Baby Boomers than they are to be youngsters in the 12-to-24 crowd.

So it's no surprise that social media is causing tremendous changes in the way employers recruit and hire new employees. Employers have to look beyond standard recruiting tactics if they hope to secure the most sought-after candidates. But the adventure into the social-media sphere is not without risks. Before you send a friend request to that job applicant, be sure you know how it could expose your organization to legal liability.

Whether you're a master of your Facebook page, or you're still wondering what a "tweet" really is, Molly DiBianca will guide you in the right direction when it comes to social media.

The session will be held at the Christiana Hilton in Newark, DelawareRegistration is $40 for members and $45 for non-members.

June 9: Unfair Competition Webinar

Posted by Molly DiBiancaOn June 4, 2010In: Seminars, Past

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The Employment Law Alliance is holding a webinar that will address the use of noncompete agreements in various jurisdictions, including Delaware. The panel of speakers includes attorneys from the U.S. and Canada, including our own Barry M. Willoughby.  The webinar will be held on June 9, 2010, 3-4:30 p.m. EDT.

In addition addressing the treatment of noncompete agreements, panelists will offer practical and concrete strategies on:

  • Drafting and enforcing restrictions on employee competition when doing business in multiple jurisdictions at one time
  • How the "duty of loyalty" can be used to stop employees from setting up competing businesses while still employed by you.
  • What employers can do to minimize the risk that your employees will walk out the door with your trade secrets
  • How to stop competitors from engaging in unfair competition.

Registration is free:  Your Top Talent Walks Out the Door: Now What? How to Stop Your Competitors from Raiding Your Workforce and Engaging in Unfair Competition in the U.S. and Canada

May 21: Same-Sex Harassment Podcast

Posted by Molly DiBiancaOn May 17, 2010In: Seminars, Past

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Same-sex harassment is on the rise. Labor and Employment law attorney Teresa A. Cheek will be speaking about same-sex harassment, and about discrimination and harassment based on sexual orientation and gender identity on May 21, 2010, on  The Proactive Employer Podcast.

Listeners can hear the show live via internet streaming on Blog Talk Radio on Friday, May 21, 2010, beginning at 8:30 a.m., or listen to a recorded copy of the podcast later, either at The Proactive Employer website or podcast site, or via iTunes.

Apr. 28: Annual Employment Law Seminar

Posted by Molly DiBiancaOn March 25, 2010In: Seminars, Past

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Well, it's almost time for our annual employment-law seminar! We had a fantastic turnout last year with great speakers and topics and this year's schedule is certain to be just as exciting.  The registration brochure is posted below with all of the details--just be sure to sign up soon, as seats are limited.

We hope to see you then!

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Registration is also available at the (new!) Young Conway website.

May 4: GINA Audio Conference

Posted by Molly DiBiancaOn March 24, 2010In: Seminars, Past

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Who:  Adria B. Martinelli

What:  Employee Genetic Discrimination: New Legal Pitfalls from GINA

Where:  Your office via audio conference

When:  Tuesday, May 4, 2010  11 a.m. - 12:30 p.m. Eastern

Cost: $247

Registration:  HR Hero website

Learning Objectives:

  • What constitutes "genetic information" and the specific rules regarding confidentiality
  • How GINA impacts hiring, promotion, and termination practices
  • The types of claims employers can expect from this new legislation
  • How GINA comes into play with the ADA, HIPAA, and COBRA
  • How you should handle information self-disclosed by employees, and how to prevent obtaining too much information
  • When GINA and social media collide: How information posted on an employee’s or applicant’s Facebook page could put your organization at risk
  • How the legislation's broad language extends to an employee’s "family members" and could add teeth to a caregiver responsibility claim
  • How to avoid GINA-based caregiver claims and how to accommodate the needs of the caregiver workforce while minimizing legal risks

May 5-7: Corporate Communications Conference

Posted by Molly DiBiancaOn March 24, 2010In: Seminars, Past

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Who:  Molly DiBianca

What:   Speaking on social media at Ragan Communication, Inc.'s Corporate Communications Conference

Where:  Hosted by General Motors at Marriott Detroit Renaissance Center

When:  May 5-7, 2010.  Molly will be presenting on May 6

Cost:  Members $945  Non-members $1195

Registration:  Ragan.com

Overview:  The Legal Limits of Monitoring Employees' Tweets, Posts, and Other Social Media Activities

As social media become the communication tools of choice, employees' online activities become an increasing source of potential liability for employers. The need to minimize legal risk has led many employers to monitor the Internet for dangerous, defamatory or downright rude postings by their employees. The law recognizes that the Internet is a public forum, but this freedom to browse is not without limits.

  • Use the best monitoring techniques from the successes (and blunders) of employers who have required employees to disclose social media habits
  • Avoid monitoring techniques that will most likely land you in court
  • Watch for red flags when monitoring employee Twitter, blogging and Facebook activities
  • Communicate your monitoring policy to employees to generate the least amount of backlash

May 7: Ethical Issues Relating to Social Media, the Courts, and the Bar

Posted by Molly DiBiancaOn March 24, 2010In: Seminars, Past

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Who:  Molly DiBianca as a panelist.

What:  CLE session presented by the E-Discovery & Technology Law Section of the Delaware State Bar Association on the ethical issues that arise in the context of social media.  Approved for 3.0 hours CLE credit in Enhanced Ethics.

When:  Friday, May 7, 2010 • 9:00 a.m. - 12:15 p.m.

Where:

Live in New Castle County at Delaware State Bar Association
301 N. Market St., Wilmington, DE

Live in Kent County via Simultaneous Broadcast at 
Community Legal Aid Society, Inc., 840 Walker Road, Dover, DE

Live in Sussex County via streaming video at Tunnell & Raysor
30 E. Pine St., Georgetown, DE (Parking lot in back, use back entrance)

Program Description:

This workshop will focus on new technology issues affecting the Courts and the Bar: social media and email. From Chambers to law offices to deliberation rooms, we are all affected. The Rules of Engagement are changing daily. What do the Judges need to know to instruct jurors regarding use of social media during deliberations? Are model jury instructions needed? What are the ethical lines for judges and lawyers regarding their own use of social media? What are the ethical and liability issues regarding the use of email. Is there a need for guidelines?

Registration:  (PDF)

May 11: DSBA Labor and Employment CLE

Posted by Molly DiBiancaOn March 24, 2010In: Seminars, Past

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Who:  Adria B. Martinelli and other members of the Labor and Employment Section of the Delaware State Bar Association

What:  Labor and Employment Update 2010 Seminar

When:  May 11  9 a.m. - 4 p.m.