Delaware Employment Law Blog

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.

Employers have more resources than ever when it comes to employment-related questions. The Internet is chock full of fantastic references for all things employment law. This blog was selected as one of the best in the country by the ABA Journal for the third time this year (thanks, ABA Journal!!), along with several other terrific employment-law blogs. There's a connection between this blog and some of the other winners this year, though, that deserves my attention.

Young Conaway is a long-time member of the Employer's Counsel Network (ECN). Through this affiliation, we publish our monthly Delaware Employment Law Letter (the only monthly newsletter for Delaware employers). The ECN's presence in the blogosphere has multiplied in the past few years and I'm proud to say that 4 of us were selected as Top 100 blogs this year. In addition to the Delaware Employment Law Blog, the following three ECN members also were 2011 award winners (in alphabetical order):

Arizoneout is the newest addition to ECN's blogging family. Written by Dinita James of Ford & Harrison, the blog's focus is narrow but deep--with posts only about the medical marijuana law in Arizona. Dinita's blog is sure to be a go-to resource for employers across the country who will be dealing with questions about managing card-carrying employees. I have a particular fondness for Dinita's blog because, so she says, she was, in part, inspired to finally put pen to ink (or fingertips to keys) after hearing me and my fellow ECN bloggers talk about why we love blogging at an ECN meeting last year. Dinita tweets at @Arizoneout.

That's What She Said is another blog written by Ford & Harrison lawyers. This blog is the longest-running among all of the ECN blogs. The blog makes the Top 100 each year but not in the employment category. Instead, it is listed in the Humor category--and for good reason. Posts track the TV sitcom, The Office. Each week, its authors comment on the various workplace missteps that the show's characters make. They even give estimates of the costs of those missteps if the same facts were to occur in the real world, which surely would result in lots of litigation. The gang can be found on Twitter at @HRHero.

Work Matters is written by our friend, Mike Maslanka, in Dallas. Mike is a prolific writer and constant scholar, who always seems to find the deeper meaning of otherwise everyday events. Mike's take on employment matters is almost holistic--he tends to analyze issues in a highly insightful way. Follow Mike on Twitter @worklawyer.

Although technically not a member of the ECN, Robin Shea's Employment & Labor Insider is almost in the ECN family, since she and Mike Maslanka both are partners with Constangy Brooks & Smith. So maybe her blog is a blog-in-law of some sort. Either way, Robin, who practices in North Carolina, writes in a style that is very easy to read and as entertaining as it is practical. She's been blogging since late 2010 and posts as frequently as ever. Follow her on Twitter @RobinEShea.

Although not in my ECN family, fellow Top 100 bloggers Dan Schwartz and Jon Hyman certainly are members of my blogging family. Dan, who writes the Connecticut Employment Law Blog, is one of true innovators in legal blogging. Jon somehow manages to generate an enormous amount of content on his Ohio Employer's Law Blog. Each blogger also tweets like crazy. Follow them on Twitter at @danielschwartz and @jonhyman.

Eric Meyer also blogs more frequently than most and his new blog, The Employer Handbook, was honored as a Top 100 this year, as well. Follow him on Twitter at @Eric_B_Meyer.

Finally, there are two other winners this year, each of whom have made my Top 100 Employment Law Blogs list in past years. First, there's FMLA Insights, written by Jeff Nowak of Chicago. For any employer with 50 or more employees, there is hardly a more relevant topic than the FMLA and the constant challenges that it presents. Follow Jeff on Twitter @JeffreySNowak.

Second, is Donna Ballman's Screw You Guys I'm Going Home. For reasons that escape me, plaintiff's employment lawyers are largely absent from the blogosphere. But, of the handful of quality blogs written for employees, perhaps none has a better name than Donna's. You can follow her on Twitter @EmployeeAtty.

Apologies to our loyal readers for the lack of posts for the past two weeks. Hopefully, it will be worth the wait. We've been hard at work behind the scenes upgrading the blog. Now that we're back online, posts will resume as normal and, in the weeks ahead, we'll finally be giving our blogroll a much-needed facelift. In the meantime, thanks again for your patience!

A quick note of congratulations to three of our colleagues, who were selected to participate in the Federal Trial Practice seminar.  The program, which is hosted by the U.S. District Court in the District of Delaware, is in its second year and is designed to provide hands-on experience and valuable courtroom training.  Congratulations to Michele Sherretta Budicak and Jeffrey T. Castellano, of Young Conaway's Intellectual Property Litigation Section, and Erika R. Caesar, of the Commercial Litigation Section.  For more about the program, see an earlier post by the Delaware IP Law Blog.

Congratulations Michele, Jeff, and Erika!

Delaware Employment Law Blog is pleased to welcome a new employment-law blog to the blogosphere.  Young Conaway's Non-Compete and Unfair Competition practice group recently launched the Delaware Non-Compete Law Blog, focusing on, you guessed it, non-competition agreements and unfair competition litigation in Delaware. 

"The blog is an acknowledgement that the Delaware Court of Chancery, frequently recognized for its expertise in handling corporate disputes, has developed into a leading forum for the enforcement of non-competition agreements and cases involving misappropriation of trade secrets," says Scott A. Holt, a partner in the firm's Non-Compete and Unfair Competition practice group.  "Companies continue to value the Chancery Court's ability to handle these disputes in a quick and equitable manner, which is critical for any business that needs to protect its goodwill and assets."

Readers (and authors!) of the Delaware Employment Law Blog are certain to find the Non-Compete Law Blog a very useful resource.

Just a short announcement that I’ve started a second blog, which is now live, called Going Paperless.  There, I’ll be posting about the ways we can put technology to use for improved productivity and efficiency at work.  There are so many times that I come across helpful tips or tutorials but, until now, haven’t had a forum through which I could share them.  Some of the content will be legal-centric, with an eye to productivity for lawyers and legal professionals, but most of the tips will be equally applicable for anyone who wants to make work easier. 

I hope you’ll join me in the exciting conversation at my new blog.  And, of course, you can keep up to speed on what’s happening at Going Paperless and at DELB via my Twitter feed by following me at @MollyDiBi.

Joe Biden isn't the only national news out of Delaware these days--Young Conaway's Summer-Associates Program ranked first in Delaware and 4th nationally (out of 162 participating firms) in The American Lawyer’s latest survey. The survey was conducted from early June to mid-August, and drew responses from 7,633 Summer Associates.  

This is a program to which we devote a lot of effort--not just funds, but effort--in the form of attorney event attendance, one-on-one mentoring, and real-time substantive feedback.  Young Conaway approaches recruiting and development from a fairly unique perspective--when we make hiring decisions, we do so with the expectation that the new lawyer will join the Firm and stay with us, well, forever.  That long-term-investment approach definitely carries into the amount of hard work and attention that is given to our Summer program.

Associates were asked how interesting the work was, how much "real" work was assigned, how the training and guidance measured up, how positive the interactions were with partners and associates, how well the firm communicated its goals and expectations, how accurately the firm portrayed itself in interviews, and the respondents' inclination to accept a position if one were offered.  The respondents were also asked to rate the firm overall as a place to work.

Eligible summer associates were first- and second-year law students (classes of 2009 and 2010) clerking at firms for at least three weeks during the summer. Respondents were guaranteed anonymity.

So what makes the program great enough to rank among the best in the country?  A number of things, starting with the hiring philosophy discussed above.  But philosophy alone cannot carry the day.  Real, live, people, must play a role, as well.  In that respect, although all of the firm's attorneys are given some credit because all participate in some way, the real accolades are deserved by two lawyers in particular. 

Tricia A. Widdoss, Esq., who had responsibility for firm recruitment and associate development, as well as the Summer programs for the past three years, deserves countless kudos for her creative ideas, innovative initiatives, and her unyielding enthusiasm and devotion to making the program a success and to each of the Summer Associates placed in her care.  There is a tremendous amount of hand-holding to be done--of the lawyers' hands, mostly--to make sure that all candidates are given a broad range of assignments from as many practice groups as possible.  (This can be particularly difficult when one group falls in love with a candidate and doesn't want to share their new all-star.  Not such a bad thing from the Summer's perspective, of course).

Danielle Gibbs, Esq., is the other half of the winning equation.  Danielle is the Hiring Partner, which means that she has the responsibility to manage all of the behind-the-scenes choreographing to make sure candidates are getting enough exposure to the departments where they may want to be placed.  It also means countless hours spent at committee meetings and at the two formal evaluation meetings provided to every summer associate.  It also requires review of enough writing samples to make your eyes cross and twice as many work-product memos and assignments generated by the Summer Associates over the course of the summer.

The ultimate goal of the Summer Program is to provide summer associates with a structured program emphasizing continued development of their legal skills while also allowing them a sampling of private practice. Young Conaway accomplishes this goal through a centrally coordinated assignment allocation process, a summer-long writing program, and extensive mentoring and feedback, all fostered by the firm’s open-door and accessible culture.  Most important, though, are the exceptional candidates who seem to get more brilliant every year, who make the attorneys actually look forward to their arrival each summer.  They are truly a remarkable group of students who we are thrilled to have join us as colleagues.

See the full American Lawyer survey results.  Or, see more information on Young Conaway's recruiting program.

One of great employment-law bloggers, Michael Fox, of "Jottings by an Employer’s Lawyer" recently celebrated his blog's six-year anniversary!  Not only is Michael one of the innovators in our genre, but he also writes a wicked good blog! 

In honor of his "blogiversary", Michael got nostalgic and posted this entry: "6 Years, 1800 Posts and How the World Has Changed."    It's a great list of some of the best e-law blogs around.  And, it just so happens, the Delaware Employment Law Blog is one of those blogs Michael considers worthy enough to make the list.  

Thank you, Michael, and Happy 6th Birthday to your blog. May there be many, many more!

Molly DiBianca will be presenting a seminar, Developing Your Employee Handbook, on two dates in October.  The free seminar is sponsored by Lyons Companies Insurance. 

The 2-hour seminar is designed to provide attendees with an understanding of the legal implications of an organization's written policies and procedures, as well as the costs and benefits of placing informal practices in an employee handbook. I will also cover some of the practical elements of handbook creation and revision, such as the handbook's structure, legally mandated policies and how to format individual policies.

The October 23 session will be held in Georgetown, Delaware from 11 a.m. - 1 p.m. and the October 30th session will be held in the Young Conaway Stargatt & Taylor offices in Wilmington, Delaware, from 9 am - 11 am.

Handbooks are one of the most frequently requested seminar topics, so I expect both sessions to fill quickly.  To reserve a spot, you can either contact Lyons Companies Insurance or contact Molly DiBianca.

Human Resource professionals, recruiters, trainers, and managers who want access to the latest developments in organizational leadership practices should mark their calendars.  The 8th annual Delaware SHRM conference is just weeks away.  This year, the program will be held at the Clayton Hall Conference Center at the University of Delaware.  

The program schedule is extraordinary and features some outstanding speakers, including keynote speakers, Bill Cawley, Executive Vice President, Bank of America, and motivational speaker, as well as wellness coach, Christine Sopa, founder of Chris Sopa International.  Peggy Eddens, Executive Vice President - Human Capital Managment, WSFS, will lead off the event at the Evening General Session on Tuesday, November 18.

And, returning again by popular demand, attorneys William W. Bowser and Scott A. Holt will present The Good, The Bad, and The Ugly: Employment Law Update 2008. This yearly update is a great way to get up-to-speed on the many important developments from the last twelve months--in the courts and legislatures of Delaware and nation wide. 

Registration information and additional details can be found at the HR Conference Page on the Delaware SHRM's website.

Materials from the employment-law seminar held at Delaware Contractors' Association yesterday are now available.  The topics of yesterday's seminar, presented by Bill Bowser and Molly DiBianca, included a legislative update on three labor initiatives, the Employees' Free Choice Act, the RESPECT Act, and the Delaware Construction Industry Independent Contractor Act; a review of the E0Verify program; and an outline of the National Defense Authorization Act (NDAA), the recent amendment to the FMLA.

Thank you again to all of the attendees.  Bill and I look forward to seeing you at another Young Conaway seminar sometime soon!!

The Delaware Employment Law Blog will be posting a series of articles on the fundamentals of employment law.  The Back-to-Basic Series is intended to be a refresher course of sorts for employers and human resource professionals on the topics and laws that generate the most questions from clients and seminar attendees. 

Think of it like summer reading, only better. 

If there are topics that are of a particular interest, please post it in the comments or drop me a line and let me know.  But jump in soon because we're in the midst of finalizing the course schedule.   HR Summer School will be a regular feature until Labor Day. 

The Delaware E-Law Blog has a whole new look!  If you have been wondering where we've been the last few days, now you know.  We're now hosted by [the wonderful] Justia, as in Justia Blawg Search and Justia Federal District Court Filings and Dockets, which is a great tool for searching up-to-the-minute listings of the latest filings in federal court.

One of the features we've added to the blog is an all new "Resources" page, which contains links to about 160 Blogs of interest on the topics of Employment Law, Human Resources, and the like.  There are also about 100 links to helpful internet websites and resources.  Please check out the lists and let me know of any valuable additions, including if you have a blog that might be of interest to our readers.  We're big fans of sharing.

Thanks for your patience during the switch.  We promise to have a bunch of posts up soon!!

Have a great weekend and happy reading!

Send your links of interest to mdibianca at ycst dot com

In addition to the Advanced Employment Issues Symposium (AEIS), where Adria Martinelli, William W. Bowser, and Scott A. Holt, will be presenting on several employment law topics, attorneys in the Employment Law Group has several seminars on the calendar this summer.  To keep you in the loop, here's a short recap. For more information, just give us a call or use the links below.

Delaware Contractors Association, June 25

William W. Bowser and Molly DiBianca will be presenting a breakfast seminar to the Delaware Contractors Association (DCA) on June 25, 2008 on Hot Topics In Employment Law.  The recent amendment to the Family Medical Leave Act, the National Defense Authorization Act (NDAA), which imposes new leave requirements for employees with servicemembers in the family who are called to active duty or who are returning from active duty and who require medical care.  The recent (and sudden) passage of the Construction Industry Independent Contract Act through the Delaware House of Representatives will also surely be on the agenda.

Developing Your Employee Handbook, October 23 & 30

Molly DiBianca will be presenting this seminar, which is sponsored by Lyons Companies Insurance, twice in October.  The first seminar is scheduled for October 23, 2008, from 1-3 p.m. and will be held in Georgetown, Delaware. The second is set for October 30, 2008, from 9 - 11 a.m. and will be hosted by Young Conaway Stargatt and Taylor in the firm's Wilmington, Delaware offices.  The seminar is free to clients of Lyons Companies but limited spaces are available for non-clients.  Just be sure to contact Molly DiBianca or Lyons Companies representative Jenn Miller early because Lyons' seminars are always well attended and fill up quickly. 

Delaware Employment Law Letter editors, William Bowser, Scott Holt, and Adria Martinelli are in beautiful Charleston, SC representing Young Conaway at the annual meeting of the Employers Counsel Network. The ECN is comprised of top employment law firms for all 50 states and Canada.

ECN membership ensures that Young Conaway is able to provide the highest level of service in jurisdictions beyond Delaware. A list of ECN firms is available here.

One particularly interesting presentation at the meeting was made by Lillian Romano of VisuaLex, LLC, who spoke about the use of technology in the courtroom. Proper use of technology to communicate to jurors is essential to trial success. Lillian's tips and tricks were very helpful.