Management Update
Volume 2, Issue 6
June 2013

Breazeale, Sachse & Wilson, L.L.P. presents Management Update Briefing, a labor and employment seminar.
HRCI Credit Pending  
Shreveport, LA 

Thursday, September 12, 2013

Registration begins at 8:00 AM   

Briefing begins at 8:30 AM   

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

HRCI Credit Pending 


Thursday, October 10, 2013

8:30 a.m. Registration

9:00-11:30 a.m. Briefing



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

LL&E Tower, Suite 1500

909 Poydras Street

New Orleans, Louisiana 70112-4004



$15.00 per attendee 



Coping with Emerging Discrimination Claims:  Retaliation, and Harassment, and Transgender Claims

Eve B. Masinter   


Safely Using Criminal Background Checks in Employment

E. Fredrick Preis, Jr. and Rachael Jeanfreau 


Reducing Your Risk to Violence in the Workplace

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

NLRB Nominations move to the Senate for Approval
On May 22, the Health, Education, Labor, and Pensions Committee of the Senate approved President Obama's five nominees to the NLRB, moving the nominations to the full Senate. The Board has not had five confirmed members since 2004, and a quorum of three is required for any decisions in labor disputes according to a recent U.S. Supreme Court decision.
Pennsylvania Expands LGBT Rights--Offering Equality Tax Credit
In a first for the nation, Philadelphia Mayor Michael A. Nutter signed legislation May 9, 2013, that provides an "Equality Tax Credit" to employers who offer health benefits to same-sex couples, life partners and transgender employees. Among other things, the legislation also offers transgender-inclusive healthcare to city employees. This legislation reflects growing momentum under the Obama administration to extend protection under various laws to individuals regardless of sexual orientation or gender identity.
"For decades, the City of Philadelphia has been a leader on LGBT rights and gender equality with our protections and provisions on the basis of sexual orientation and gender identity, and life partnership program. Signing this legislation today continues our long history of equality for every Philadelphian no matter who they love or their gender identity," said Mayor Nutter. "I am proud that Philadelphia can be the first city in the nation to offer the Equality Tax Credit to employers who offer health benefits to same sex couples, life partners and transgender employees."
In addition to the Equality Tax Credit, Bill No. 130244 advanced other LGBT rights. For example, the bill amends various titles of the Philadelphia Code to provide for equality of treatment of all persons in the City of Philadelphia regardless of gender identity or sexual orientation, including by defining "Life Partnership" and "Life Partner," and for protections, rights, benefits and responsibilities of Life Partners. Moreover, it provides for the right to dress consistently with one's gender identity.
"There is rapid progress being made for LGBT rights throughout the federal justice system, state legislatures and ballot boxes, in the workplace, and around the family dinner table. But with the passage of this LGBT Rights Bill, Philadelphia takes the lead nationally in creating a business-friendly, low-cost model for what progressive cities can do to end discrimination of LGBT citizens and their families," said Councilman James Kenney.

Jenny Yang Fills Year-Long EEOC Vacancy

Jenny R. Yang was sworn in on May 13, 2013, as Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC). Yang was nominated by President Obama on Aug. 2, 2012, and was unanimously confirmed by the Senate on April 25, 2013, to serve a term expiring July 1, 2017.


With her arrival, the EEOC returns to its full complement of five commissioners. All five members of the commission are now women.


Yang was a partner of Cohen, Milstein, Sellers & Toll PLLC. Prior to joining Cohen Milstein, Yang served as a senior trial attorney with the U.S. Department of Justice, Civil Rights Division, Employment Litigation Section. Yang previously served for over five years as vice chair and board member of the Asian Pacific American Legal Resource Center, a nonprofit organization that provides legal assistance to low-income Asian Pacific Americans and small business owners in Washington, D.C., Maryland and Virginia.

What do Millennial Workers Want?
PricewaterhouseCoopers has released "NextGen: A global generational study." The report revealed that the Millennial generation, those born between 1980 and 1995, want enhanced workplace flexibility and balance between work and home as the keys to improving their job satisfaction. Although workplace flexibility has its advantages, it also presents major issues for employers under existing labor and employment laws, especially wage and hour laws.

According to the report, while younger workers are more tech-savvy, globally focused, informal, and willing to share information, they do not feel more entitled or less committed than their non-Millennial counterparts, and are willing to work just as hard.

The study, which was conducted in conjunction with the University of Southern California and the London Business School, represents the most ambitious research into the millennial generation, or 'Generation Y'. The report included responses from 44,000 employees throughout PwC's global network of professional service firms, with almost one quarter of the responses coming from Millennials. The research, compilation and analysis of its findings took place over two years.

Misclassification Judgment

The U.S. Labor Department has announced that it obtained a consent judgment of more than $1 million for cable installers who worked for a Kentucky company that classified them as independent contractors when they were actually employees. Bowlin Services, a subsidiary of the Bowlin Group, based in Walton, Kentucky, will pay 196 employees for lost wages and damages after compensating them per piece of equipment installed instead of an hourly wage plus overtime.

Last week's judgment comes at a time when the department is zeroing in on identifying misclassified workers, with a particular focus on independent-contractor issues, through investigations, litigation, assessments and information-sharing initiatives.

Mary Beth Maxwell, acting deputy administrator for the Labor Department's Wage and Hour Division, said in a statement on the Bowlin judgment that misclassification is a "serious problem" for both workers and the economy. "Misclassified workers often are denied access to critical benefits and protections to which they are entitled," Maxwell said. "Misclassification of workers may also generate losses to the U.S. Treasury, and Social Security and Medicare funds, and to state unemployment insurance and worker compensation funds."

Companies who rely on independent contractors should examine their relationships with such workers, carefully scrutinize the contracts associated with those relationships and make sure that they are not exposed to liability for misclassification under labor and employment laws. 

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