Delaware Employment Law Blog

Social-media policies are on the mind of employers everywhere. I taught my first social-media policy workshop in 2009 and have been talking about them ever since. It's only been in the last 12-18 months, though, that I've seen a real movement towards adopting and implementing social-media policies, as opposed to just talking about them.

In the coming months, I will be giving a number of presentations about social-media policies. I'll be speaking to the Virginia Bar Association's Labor & Employment Section's annual CLE in Richmond on May 5 and just outside of D.C. on May 12. Then I'll be back in Delaware on May 18 for a CLE hosted by the Delaware Bar Association's Technology and Corporate Counsel. At each of these seminars, I'll be talking about social-media policies.

Although not specific to policy drafting, I will also be speaking about the ethical issues relating to social media for the Pennsylvania Bar Institute on April 21 in Pittsburgh and on April 27 in Philadelphia.

Although the sessions listed above are for legal professionals, human-resource professionals will have their chance, too. On May 11, at Young Conaway's Annual Employment Law Seminar, which is not to be missed for Delaware employers, Bill Bowser and I will be giving an encore presentation of our popular social-media policy workshop. (If you haven't registered yet, do it now--it looks like the event will likely sell out this year). Then, this Fall, I'll be speaking again at both of M. Lee Smith's Advanced Employment Issues Symposiums. The first one is in October in Nashville, Tennessee; the second is in Las Vegas in November.

For the next several months, I'll be living and breathing (and talking a lot about) social-media policies. To make it a truly well-rounded experience, I'll also be writing about them here on the blog. Specifically, I'll be writing an extensive series of posts about the specific considerations that are involved in drafting a social-media policy. These posts will address the details of social-media policies, as opposed to the big-picture considerations that I have written about in the past. All of the posts in this series will be titled, "Drafting Considerations for Social-Media Policies," making them easy to identify.

Registration is now open for Young Conaway's 2011 Employment Law Seminar (PDF). It will be held at the Chase Center on the Riverfront in Wilmington, Delaware on May 11, 2011.  As in previous years, we have an outstanding line-up of topics and speakers scheduled.  The brochure has the full details but here's a quick preview:

• Year In Review:  Discussion of the key developments in the law that affect employers both locally and nationally.
• Looking Forward:  Pecha Kucha is back!  Attorneys keep it short and sweet as they present on upcoming issues to expect in the year ahead.

After the morning sessions, we are very pleased to welcome New Castle County Executive Paul Gregory Clark as this year's Keynote Speaker and to hear his thoughts on the County's recently promulgated $164 million operating plan.  Following lunch, attendees can attend the following break-out sessions:

• How to Comply with the New GINA Regulations
• Special Topics for the Public-Sector
• Health Care Reform: Where are we in 2011?
• New ADAAA Regulations
• Social-Media Policy Workshop

We look forward to seeing you on May 11 at the Annual Employment Law Seminar!

UPDATE: Both sessions are fully reserved. Thank you!

Bill Bowser and Molly DiBianca will be teaching a 3-hour workshop for private-sector employers on how to draft an effective social-media policy.  The workshop is being held at Young Conaway's Wilmington, Delaware offices.  The fee is only $25 per attendee but space is very limited, so don't wait to register. 

A more detailed description can be found in the flyer, linked here.   

On Wednesday, December 8, 2010, the EEOC will commemorate its 45th anniversary by hosting a public seminar discussing its continued efforts to eliminate workplace discrimination. The free event will be held at the National Constitution Center, Kirby Auditorium, from 1:00 p.m. to 4:30 p.m.

The theme of the program is "EEOC at 45: Charting a Path toward Equal Employment."  Current EEOC Chair Jacqueline A. Berrien, and former Chair William H. Brown, III, will participate in a discussion, "Reflections on the Past, Present and Future of the EEOC."  Scott F. Cooper will moderate a panel discussion "Charting a Path toward Equal Employment", featuring attorneys and stakeholders: Mark Dichter, Sidney Gold, Juan Laureda, Rosalyn O'Neale, Matt Rubin, and Patricia Folino.

To reserve a seat at this exciting commemoration, hosted by the Philadelphia Bar Association and the Philadelphia Federal Executive Board, please call 215-440-2671 or e-mail mary.tiernan@eeoc.gov.

I am excited to be presenting the upcoming audio conference, “The Attorney’s Guide to Going Paperless,” sponsored by National Business Institute.  This ninety-minute presentation will focus on the growing popularity of “going paperless,” why it’s so important in today’s technologically driven world, and the steps attorneys can take to make the transition from a world of print-outs and overflowing redwelds.  I will also be discussing the ethical and legal responsibilities that must be considered when transferring paper files onto computers, such as record-keeping laws and confidentiality concerns. 

The conference has been approved for 1.5 CLE credits in Delaware (other states may vary), and dial-in time is 2 p.m. EST.  Registration can be completed online .The cost is $189 for the first registrant and $179 for each additional registrant.

The Annual Women's Business Expo, held by New Castle County Delaware's Chamber of Commerce, will celebrate its 20th anniversary this year. The Expo will feature over 100 exhibitors, workshops, an awards luncheon honoring businesswomen in New Castle County, and a keynote presentation by author Jen Groover, creator of the Butler Bag.

I will be co-presenting about ways that businesses can use social media from a legal perspective.

The Expo will be held at the University of Delaware. Full day admission for members is $55 ($75 for nonmembers), and you can register online at the New Castle County Chamber's website.

Who:  Molly DiBianca

What:  Understanding the Impact of Social Networking on You and Your Clients

When: 1:30 pm to 2:30 p.m. Multiple dates, including April 27 (Mechanicsburg, PA), April 29 (Philadelphia, PA), and August 30 (Pittsburgh)

Where: Mechanicsburg, Philadelphia, and Pittsburgh, hosted by the Pennsylvania Bar Institute

Registration: PBI website  Flyer (pdf)

Details:
This course addresses the impact of social networking on businesses. Regardless of their specific practice area, attorneys should be aware of the risks of social media faced by clients. Specifically, the variety of employment issues, including the use of SNS for pre-employment screening, potential harassment and discrimination claims that can result from employees’ use of these sites, as well as the risks to trade secrets and confidential company information. There are also intellectual-property issues that are linked to the increasing popularity of the sites. For example, there are potential infringement and ownership issues that can occur when employees generate content on behalf of their organization for its use online, as well as the potential for defamation claims and improper disclosures of private information. This session reviews these issues and provides best-practices examples to avoid risks whenever possible.

This year, Adria B. Martinelli and I will be speaking at the Advanced Employment Issues Symposium in Las Vegas, Nevada, on November 11-12.  (If you can't join us in Vegas in November, maybe you can swing a trip to Nashville, Tennessee, where the Advanced Employment Issues Symposium will be presented on September 30-October 1.) 

The Advanced Employment Issues Symposium is in it's 15th year and is recognized as one of the leading employment-law conferences for forward-thinking human resource professionals, executives, and in-house counsel. This year, there are three featured tracks: Employment Law Enforcement; FMLA & ADA; and Talent Management. 

Registration for the Employment Issues Symposium is open now, with early-registration discounts until March 31.  If you aren't able to attend either of this year's programs, you can order the materials from the registration website, as well.

Hope to see you then!