Management Update
Volume 2, Issue 10
October 2013

Management Update Briefings 

Breazeale, Sachse & Wilson, L.L.P. presents
Management Update Briefings, a labor and employment law seminar in New Orleans
and Baton Rouge. 









Three BSW Labor & Employment Attorneys named Best Lawyers
Labor and Employment partners Murphy Foster, Eve Masinter and Jay Stovall were among the fifteen lawyers from Breazeale, Sachse & Wilson, L.L.P. recently selected by their peers for inclusion in The Best Lawyers in America® 2014 (Copyright 2013 by Woodward/White, Inc., of Aiken, S.C.).
Fourth Circuit Decides Employees' Support Campaign on Facebook Is Protected Speech
null On September 18, U.S. Circuit Court of Appeals (Bland v. Roberts, 4th Cir., No. 12-1671, 9/18/13) ruled that a Facebook 'like' is protected speech.
Six former employees of Hampton Sheriff B.J. Roberts filed the case claiming they were fired in retaliation of their support for the sheriff's opponent, violating their first amendment rights. Among the allegations, one of the deputies was fired for clicking the Facebook 'like' button on the opponent's campaign page.
The Court of Appeals judgment overturned a lower court's ruling that 'liking' someone on Facebook is not actual speech. The Court of Appeals disagreed saying that the 'like' button for the rival candidate was the "Internet equivalent of displaying a political sign in one's front yard, which the Supreme Court has held is substantive speech."
DOL : Same-Sex Legally Married Couples get ERISA Benefits 
On September 18, 2013, the Department of Labor (DOL) issued Technical Release 2013-04. This rule defines the terms "spouse" and "marriage" under ERISA and in DOL guidance. The terms will now include same-sex couples who were legally married under any state law, regardless of state domicile. The rule simplifies the administration of benefit plans by recognizing marriages if they were valid in the state they were celebrated in. Civil unions and domestic partnership will continue to not be treated as marriages.

Retirement plans that don't fall under ERISA (including some state and local government entities, as well as churches) may still reject participants from including their same-sex spouses. For more information, read the DOL's release 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