Management Update
Volume 1, Issue 2
March 2012
SAVE THE DATE: Management Update Briefing, May 17, 2012

Breazeale, Sachse & Wilson, L.L.P. presents Management Update Briefing, a half-day labor and employment law seminar, scheduled for Thursday, May 17, 2012 in New Orleans.

Chambers USA Names Four BSW Labor & Employment Attorneys


Chambers USA has released its ranking for 2012. BSW has eight attorneys ranked, with four Labor & Employee attorneys ranked, E. Fredrick Preis Jr., Murphy J. Foster, III, Eve B. Masinter and John T. Andrishok

President Obama Sends NLRB Nominations to Senate For Three Recess-Appointed Board Members

Despite pro forma sessions from the Senate Republicans, President Obama has used recess appointments to install Sharon Block (D), Terrence F. Flynn (R), and Richard F. Griffin (D) as National Labor Relations Board (NLRB) members. Without these additional members, the NLRB would not make the three-member quorum required to issue rules and regulations.


Sharon Block will serve as a member of the board expiring December 16, 2014. Block was the deputy assistant secretary for congressional affairs inside Obama's Department of Labor, and once worked for the late Massachusetts Democratic Sen. Edward Kennedy. 


Terrence Flynn's term expires August 27, 2015. He takes the seat vacated by Republican Peter Schaumber in August 2010. Flynn served as chief counsel for Schaumber from January 2004 until Schaumber's term ended, and as an NLRB attorney until his recess appointment.


Richard Griffin will serve for a five-year term expiring August 27, 2016. Griffin was a lawyer for labor unions including the AFL-CIO and the International Union of Operating Engineers.

March 2012 Visa Bulletin Movement for India and China

The March 2012 Visa Bulletin, put out by the Department of State, advances the employment based second categories for natives of China and India another four months. This move brings the EB2 category priority dates back to May 1, 2010. This change reduces the backlog to just over two years.  


People born in China or India with priority dates prior to May 1, 2010, need to work with an attorney and prepare to file their adjustment application before the end of March 2012. 


You may view the full Visa Bulletin here .

President Obama Announces Compromise in Contraception Requirements for Religious Employers

President Obama announced a compromise on a rule that would have required all employers, including religiously-affiliated employers, to cover contraceptives without any cost-sharing requirements on their employees.


The compromise releases religious institutions from the requirement of including birth control in their insurance coverage. Instead, insurance companies will need to provide that coverage in separate insurance riders at no additional cost.


Supporters of the original policy have accepted the compromise, but those in opposition still want the mandate lifted completely. 

Genetic Discrimination: EEOC, Nestlé Battle Over Subpoena Authority

The Genetic Information Nondiscrimination Act (GINA) bans collection of a worker's genetic information, so would a physician who occasionally performs physicals for the company be considered an employer? That is the question posed in the amicus brief filed by the Equal Employment Advisory Council (EEAC) and the U.S. Chamber of Commerce in response to a subpoena enforcement case brought by the Equal Employment Opportunity Commission (EEOC) against Nestlé Prepared Food.


The brief claims the EEOC has no basis to enforce the subpoena issued to Nestlé under GINA. The subpoena was issued on a charge by a former Nestlé employee. The subpoena demanded the production of all documents relating to all physicians who have performed work related physical or medical exams for the company's Mt. Sterling, KY facility since January 1, 2010.


EEAC filed their brief in response to Judge Joseph M. Hood, who ordered Nestlé to show cause why it shouldn't have to comply with the subpoena.     


According to the brief, EEOC's issuance of the subpoena "rests ... on the false premise that private physicians, to whom an employer from time to time may refer applicants and employees for job-related medical examinations, are 'employers' for purposes of GINA."    


Indiana Joins Right-to-Work States

As of February 1, Indiana became the Nation's 23rd right-to-work state. Governor Mitch Daniels signed the legislation after it passed both the House and Senate. Supporters of the bill believe this will create a "surge in economic development" in Indiana, as the only right-to-work state in the traditionally union-heavy Midwest. Opponents of the law say this is a "right to work for less" law, citing that "six of the ten states with highest unemployment have right-to-work laws."


This new legislation prohibits requiring individuals to become or remain a member of a union, or to pay dues of any kind. Intentionally violating this is a Class A misdemeanor. The law becomes effective immediately. It does not invalidate any existing contracts or agreements. The law does not prohibit unions from collective bargaining or striking, or for non-union members to benefit from these.


Text of H.B. 1001 may be accessed here.

Breazeale, Sachse & Wilson, L.L.P. Labor and Employment Attorneys


John T. Andrishok


Murphy J. Foster, III 


Leo C. Hamilton 


Joseph R. Hugg 


Rachael Jeanfreau 


Steven B. Loeb 


Eve B. Masinter 


Yvonne R. Olinde 


E. Fredrick Preis, Jr. 


Melissa M. Shirley 


Jennifer D. Sims 


Jerry L. Stovall 



This electronic newsletter is provided to clients and friends of Breazeale, Sachse & Wilson, L.L.P. The information described is general in nature, and may not apply to your specific situation. Legal advice should be sought before taking action based on the information discussed. Applicable State Bar or Attorney Regulations May Require This Be Labeled as "Advertising."Anchor1