Management Update
Volume 1, Issue 8September 2012
Briefing September 20, New Orleans


Thursday, September 20, 2012 
8:30-11:30 a.m. 



Breazeale, Sachse & Wilson, L.L.P.

LL&E Tower, Suite 1500

909 Poydras Street 

New Orleans, Louisiana 70112-4004



$15.00 per attendee



8:15-9:00 - Registration   

9:00-9:20 - Introduction   

9:20-10:00 - Complying with New EEOC Requirements: Criminal Convictions, Transgender Discrimination, and Disability/GINA Rules   

10:00-10:40 - An Update on Healthcare Law   

10:40-11:00 -Break   

11:00-11:40 - Reducing Exposure for your Independent Contractors   

11:40-12:00 - Question & Answer Session



Fredrick E. Preis, Jr. 

Rachael Jeanfreau 

Joseph R. Hugg  


The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit.

Briefing October 11, Baton Rouge


Breazeale, Sachse & Wilson, L.L.P. invites the members of Louisiana Chemical Association and Louisiana Chemical Industry Alliance to Update on Labor and Employment Law, a half-day labor and employment law seminar.



Thursday, October 11, 2012

Registration begins at 8:00 AM

8:30 AM to 12:00 PM CDT



Crowne Plaza Baton Rouge

4728 Constitution Avenue

Bayou Room

Baton Rouge, LA 70808



$20.00 for LCA and LCIA members

$30.00 for non-members





8:45-9:30-Defeating Meritless Unemployment Compensation Claims

9:30-10:15-Strengthening your Personnel Policies against Workplace Discrimination  



10:30-11:15-Legally Avoiding Union Organizing

11:15-12:00-Staying Out of Trouble with the Wage & Hour Law

12:00-Question & Answer


The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit.     

What to Do When Employees Don't Show Up...

In the wake of our most recent hurricane, employers may be dealing with absent employees. During emergencies and natural disasters, some employees stay in contact while others disappear entirely. Many employers are unsure if they must allow employees time off of work because of the storm. The short answer to this question is no, absences from work due to damage caused by a natural disaster such as a hurricane are not protected leave under state or federal law. Generally, employers are free to treat absences from work due to natural disasters as they would any other type of unexcused and unprotected leave. 


The full article, written by BSW partner Jerry "Jay" Stovall, can be found here.

Second Circuit Sends Teachers Retaliation Claim to Jury Trial

In Donnelly v. Greenburgh Central School District No. 7, a New York high school teacher claimed that after taking a seven day FMLA leave for surgery, he was denied tenure. The teacher had received strong performance reviews which he claimed changed after his FMLA leave. The teacher alleged that  negative reviews were used against him in his tenure review.  The school district claimed he didn't qualify for FMLA. Under the teacher union's collective bargaining agreement (CBA), both sides agreed the Plaintiff worked seven (7) hours and fifteen (15) minutes per day for 172 days during the twelve-month period prior to his leave. This 1247 hours fell short three hours of the required 1250 hours to qualify for FMLA.  


In opposition to the Defendant's motion for summary judgment, the Plaintiff argued that he and "most teachers regularly work in excess of a total of one hour before and after class," and that he "typically worked a total of 1.5 hours before and after class every day." Moreover, his contention was further supported by a June 2006 performance evaluation that stated he "arrive[d] to work in a professional manner; early, on time and often. He often stay[ed] late into the afternoon working with his kids to ensure their success."    


The 2nd Circuit Court of Appeals decision reversed a district court's judgment advancing the case to a jury trial, finding that "This is not a case in which an employee with a 9-to-5 job with defined office tasks claims to engage in mysterious unspecified additional activities off-site. The CBA acknowledges that job-required tasks that are part of a teacher's primary work responsibility are regularly performed by teachers outside the hours in which the students are in the classroom."


This case is a strong reminder that employers should keep accurate records of the hours worked by employees and advance approval of all additional hours worked. The full decision can be found here.

New Developments In Workers Compensation Law Effective August 1, 2012

Effective August 1, 2012, the Louisiana's Workers' Compensation Medical Treatment Guidelines require new forms along with Utilization Rules and Policies which are now in effect. 


The full article reviewing these changes, by BSW partner Trent Oubre, can be found here.

H.R. 6220 Would Ban Criminal Back Checks

Representative Hansen Clarke introduced H.R. 6220 to the House of Representatives on July 26, 2012. The bill, titled "Ban the Box Act", would prohibit an employer from inquiring whether an applicant for employment has been convicted of a criminal offense, except in certain circumstances. These circumstances are "after a conditional offer of employment has been extended to the applicant" or "where the granting of employment may involve an unreasonable risk to the safety of specific individuals or to the general public".


If passed, employers would need to take steps to change their employee application and selection process. The full proposed bill can be found 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