Management Update
Volume 2, Issue 11
November 2013

Arbitration Agreement Found Illegal by NLRB Judge 
On October 23, 2013, an administrative law judge found that a California auto dealer could not enforce a mandatory arbitration agreement it required its employees sign. The judge found that the employees could construe the agreement to prohibit them from participating in any class or collective actions against the employer which have been interpreted as protected activity under the NLRA. The company was ordered to revise or rescind the policy to "make it clear that the agreement does not constitute a waiver in all forums of their rights to maintain employment-related class or collective actions." 
Affirmative Action Changes Effective March 24, 2014 
The Office of Federal Contract Compliance Programs (OFCCP) has issued two new rules which take effect March 24, 2014. These two rules will expand affirmative action requirements for both disabled persons and covered veterans. These are the first changes to VEVRAA and Section 503 regulations in nearly 30 years.

Veterans' Regulations Changes:

  • Hiring Benchmarks
  • Voluntary Self-Identification
  • Enhanced Recordkeeping  
  • Job Listing
  • Document Production

503 Regulations Changes:

  • Annual Placement Goals
  • Voluntary Self-Identification
  • Enhanced Data Collection and Recordkeeping  
  • Document Production

No Change:

  • Linkage Agreements
  • Applicant Accommodations  
The new regulations take effect on March 24, 2014. To be in compliance with the regulations, federal government contractors and subcontractors with a contract or subcontract in excess of $50,000 (Section 503) or $100,000 (VEVRAA) should begin preparing to implement these changes now. The full Final Rule can be found here.
NLRB Pro-Labor General Counsel Nominee Moves Forward 
On October 29, 2013, Richard Griffin's nomination passed the Senate by a vote of 62 to 37. Richard Griffin was formerly the General Counsel for the International Union of Operations engineers and has a long history of working for Unions. The general counsel investigates and prosecutes cases before the board for a four-year term. President Obama removed Griffin as an appointed NLRB board member and nominated him for the General Counsel slot as a result of negotiations between the Democrats and GOP over the prior contentious NLRB nominations. The vote now goes before the House. If confirmed, Griffin will also advise enforcement actions for the board.
BSW Recognized
U.S. News & World Report and Best Lawyers , for the fourth consecutive year, announced the 2014 "Best Law Firms" rankings. BSW was ranked in 24 practice areas, including Employment Law and Labor Law. Our full firm listing is available here.

Six New Orleans attorneys, including Labor Partner Eve Masinter, were recognized by New Orleans Magazine in their annual publication of "Top Lawyers of New Orleans".
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