Management Update
Volume 2, Issue 2
February 2013

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

Thursday, February 28, 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 Harassment)

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

Three Labor & Employment Attorneys Honored

E. Fredrick Preis, Jr. was named to New Orleans CityBusiness' "Leadership in Law" class of 2013. This year marks the third time that Fred has been named to "Leadership in Law", and he will be inducted into the Leadership in Law Hall of Fame.  


Louisiana Super Lawyers has recognized Eve B. Masinter for Employment & Labor, and named Joseph R. Hugg as a Rising Star for Employment & Labor.

Board Rules DirecTV Handbook Policies Interfered with Employees' NLRA Rights

On January 25, the National Labor Relations Board (NLRB) found unanimously that DirecTV had issued unlawful policies forbidding employees from communicating with the media and/or law enforcement officials. The board found the policy could reasonably be interpreted as prohibiting activities protected by the National Labor Relations Act. The board also found that DirecTV's "clarification" of the rules was not timely or effective. The full board decision and other documents can be found here. DirecTV U.S. DirecTV Holdings LLC, 359 N.L.R.B. No. 54, 1/25/13.

2012 EEOC Statistics Show Nearly 100,000 Descrimination Charges

On January 28, the U.S. Equal Employment Opportunity Commission (EEOC) released the fiscal year 2012 enforcement and litigation statistics. The statistics show nearly 100,000 job bias charges were filed in 2012, down slightly from the previous year. The most frequently filed charges were retaliation (37,836), race (33,512) and sex discrimination (30,356). In 2012, the EEOC also completed 240 systemic investigations resulting in 46 settlement agreements, continuing the focus on systemic patterns of discrimination in the workplace.


The fiscal year 2012 enforcement and litigation statistics, which include trend data, are available on the EEOC's website. 

Employers' OSHA 300A Forms Due Feb. 1

All employers who are required to keep OSHA Form 300, the Injury and Illness Log, are required to post Form 300A, the Summary of Work-Related Injuries and Illnesses, in a common area of the workplace from February 1 through April 30. The form is available here.

13 States See Rise in Union Membership

As union memberships fell across the United States, 13 states and the District of Columbia saw an increase in union membership in 2012. Even as the economy rose slightly in 2012, union saw losses in both the public and private sector. Seven states make up over half the union members nationwide they are: California, New York, Illinois, Pennsylvania, Michigan, New Jersey and Ohio. These states also make up about one third of all employment nationally.

Court Rules Recession Appointments Unconstitutional

A federal appeals court ruled that President Obama violated the Constitution in making three recess appointments to the NLRB. The court said the president could only fill vacancies when the Senate is in an official recess. President Obama claims that he acted properly because the Senate was on their 20-day holiday recess. The Constitution allows the president to make appointments without the Senate approval when the Congress is in recess. The GOP claims the Senate was in session. They used pro forma sessions, a tactic used by Democrats in the past to prevent the president from using his recess power. The GOP had blocked Obama's appointments for over a year making the NLRB powerless without the required members. This court ruling calls into question the validity of all board decisions since the appointments.

American Taxpayer Relief Act of 2012

On January 1, 2013, the Senate and the House passed the American Taxpayer Relief Act of 2012 ("Act"). The President signed the Act into law on January 2, 2013. Final passage of the Act prevented tax increases to most Americans that would have gone into effect automatically upon the expiration of the so-called "Bush Tax Cuts" on December 31, 2012, as well as massive spending cuts required by the sequestration process. The Act accomplishes this in part by making "permanent" the tax relief, for certain taxpayers, provided in The Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA") and The Jobs and Growth Tax Relief Reconciliation Act of 2003 ("JGTRRA"). To read a complete article written by BSW tax partner, Lance Kinchen, reviewing some of the key provisions of the Act, visit 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.


Jacob E. Roussel


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