Management Update
Volume 2, Issue 9
September 2013

Management Update Briefings 

Breazeale, Sachse & Wilson, L.L.P.presents
Management Update Briefings, a labor and employment law seminar at convenient locations across the state of Louisiana. 













When Is a Full House Worse Than Two of a Kind? When the NLRB Is Involved

On July 30, 2013, the U.S. Senate confirmed five nominees for appointment to the NLRB. The three Democrat-backed confirmations include Kent Hirozawa, Nancy Jean Schiffer and Mark Gaston Pearce (former union attorney and current NLRB Chairman whose term was set to expire this month). Two Republican-backed nominees, Philip Miscimarra and Harry Johnson III, were also confirmed. This is the first time in ten years that the NLRB has had a fully confirmed five-member Board. You may recall that in January of this year the U.S. District Court for the District of Columbia ruled that President Obama's three "recess" appointments to the NLRB were unconstitutional, leaving only two validly-seated members of the Board.


To read the full article, written by partner Jay Stovall, visit here.

Revised Federal Contract Complaince Manual Updated by the OFCCP

The Federal Contract Compliance Manual (FCCM) now has an updated version released by the Department of Labor's office of Federal Contract Compliance Programs. The revised 500-page, eight-chapter manual offers a broad framework for how complaint investigations and federal contractor compliance evaluations are conducted.

The topics discussed in the Manual by the FCCM are the process for conducting desk audits, corporate management compliance, onsite reviews, complaint investigations and construction industry compliance evaluations.  




Filing Report Deadline for EEO-1 is September 30, 2013

The government form, the Employer Information Report known as the EEO-1 report, which requires employers to provide companyies' employment data categorized by ethnicity, race, and gender is due for filing with the EEOC by September 30, 2013.  

With certain exceptions, exployers with more than 100 employees must file with the EEOC. Also, certain federal government contractors with 50 or more employees and contracting more than $50,000.


The EEO-1 data collected from the reports by the EEOC is used to support civil rights enforcement analyzing employment similarities, such as minority workers and the representation of females. The report also determines which companies to choose for systemic-discrimination and compliance reviews.

The preferred method to file the EEO-1 report is electronically through the EEOC's web-based filing system.

DOL Extends FMLA Protection to Same-Sex Spouses

The Supreme Court has spoken regarding the Windsor decision and all employers should review and modify their FMLA procedures and policies, if necessary, to ensure compliance.

On June 26, 2013, the U.S. Department of Labor (DOL) clarified that the Family Medical Leave Act now covers same-sex spouses to the extent that the employee's marriage must be recognized by the state in which the couple resides. The Supreme Court ruling came from United States vs. Windsor in that federal laws which apply to opposite-sex marriages must apply to same-sex marriages. The Court then invalidated a key provision of the Defense of Marriage Act which defines marriage as a "legal union between one man and one woman as husband and wife".

This particular ruling will impact employee leave entitlement under federal and state law. The FMLA now allows same-sex spouses to take up to 12 weeks unpaid, job-protected leave within a 12-month period to care for their ill spouse with a serious health condition. Service members who serve in the military and become injured or ill are granted to have their spouse take up to 26 weeks of unpaid leave to care for them.

FMLA spousal leave is not available to same-sex marriages who reside in a state that does not recognize same-sex marriage. However, upon the discretion of a private employer, the employer can choose to offer these benefits to same-sex spouses if they wish to do so. 

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