Management Update
Volume 1, Issue 11
December 2012

Management Update Briefing
Breazeale, Sachse & Wilson, L.L.P. presents Management Update Briefing, a half-day labor and employment law seminar.

Wednesday, January 16, 2013

Registration begins at 8:00 AM   

Briefing is from 8:30 AM to 12:00 PM CDT


Breazeale, Sachse & Wilson, L.L.P.  

LL&E Tower, Suite 1500
909 Poydras Street
New Orleans, LA 70112-4004



$15.00 per attendee




8:15-9:00 - Registration


9:00-9:20 - Introduction

E. Fredrick Preis, Jr.


9:20-10:00 - Defending an Attack on Your Wage & Hour Program

E. Fredrick Preis, Jr. and Rachael Jeanfreau


10:00-10:40 - Reducing the Risk of Emerging Discrimination Issues (ADA, GINA, and


Eve B. Masinter


10:40-11:00 - Break


11:00-11:40 - Preparing for the NLRB and Unions in 2013

E. Fredrick Preis, Jr. and Joseph R. Hugg


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




Fewer EEOC Cases--Quality not Quantity

Wouldn't it be be good news for employers to find out that the EEOC filed half as many lawsuits in 2012 as it had in 2011? It should be until you realize the EEOC recently confirmed that it was pursuing cases more selectively. The EEOC Commissioner Chai Feldbaum tweeted that employers can expect "quality over quantity" in the upcoming months, or even years. 


The EEOC has released a draft of its Strategic Enforcement Plan which lists its five "nationwide priorities":

  1. Eliminating systemic barriers in recruitment and hiring;
  2. Protecting immigrant, migrant and other vulnerable workers;
  3. Addressing emerging issues;
  4. Preserving access to the legal system; and
  5. Combating harassment.

 While employers should always endeavor to comply with all federal and state laws, this would be a good time for employers to audit their employment practices and handbooks keeping these priorities in mind.

Misclassification of Employees

Potential misclassication of employees as "independent contractors" is already the issue of the decade and will become even more significant during the next four years.


Some myths about independent contractors include:

  • If we hire workers only on a temporary basis, we will be safe.
  • If we keep the annual work hours of each of our workers below 1,000, we will be safe.
  • If we hire workers through a labor staffing company, we will be safe.
  • If we issue a Form 1099 to our workers, we will be safe.

Each independent contractor situation needs to be closely analyzed to be prepared for the Government investigation or lawsuits that are looming.

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