Management Update
Volume 3, Issue 2
February 2014

Supreme Court Weighs President's Recess Appointments 

On January 13, oral arguments were presented to the U.S. Supreme Court on a case that examines the president's power to fill federal offices by recess appointments without Senate confirmation. Although the U.S. Constitution allows the president "to fill up all Vacancies that may happen during the Recess of the Senate," the Supreme Court has never interpreted this provision. The U.S. Court of Appeals for the District of Columbia Circuit vacated a NLRB decision against Noel Canning because it found that President Obama's recess appointments were not legal.


Supreme Court Rules on "Donning and Doffing"

In a unanimous decision, the Supreme Court found that the time US Steel employees spend putting on their protective gear and taking it off does not count as compensable time. The court upheld a U.S. Court of Appeals for the Seventh Circuit decision that FLSA Section 203(o) allows U.S. Steel to withhold pay for time spent donning and doffing protective clothing, pursuant to a collective bargaining agreement with the United Steelworkers.

OMB Approves OFCCP's Section 503 Self-Identification Form 

In response to contractors' feedback on the Section 504 Voluntary Self-Identification form, the Office of Management and Budget (OMB) has approved an amended version. The new version of the form now gives employees and job applicants three options for self-disclosure, provides examples of disabilities, highlights that disclosure is voluntary and confidential, and includes a short paragraph on reasonable accommodation.  The form is available on OFCCP's Web site  

Labor focuses on Wage-and-Hour Claims
A recent study has found the focus in labor law has shifted from employment discrimination to wage-and-hour claims. The study found that plaintiffs filed 7,882 Fair Labor Standards Act wage-and-hour cases in federal courts, an increase from the 7,762 cases filed in 2012. However, job discrimination cases fell in 2013 from 14,260 in 2012 to 12,311 in 2013. The increase in wage-and-hour claims marks the tenth consecutive year the filings have increased.

New OSHA Regulations Tracking Workplace Injuries

On November 8, 2013, the Occupational Safety and Health Administration ("OSHA") issued a proposed regulation, Improve Tracking of Workplace Injuries and Illnesses, that would require employers, for the first time, to submit workplace injury and illness data in electronic form to OSHA. In addition, the data submitted to OSHA would then become public record. To read the full article written by partner, Jay Stovall, visit here.

BSW Recognized 

Breazeale, Sachse & Wilson, L.L.P. is pleased to announce that it received high rankings for five Practice Areas and had twelve attorneys listed in Chambers USA: America's Leading Lawyers for Business for Louisiana. Six of those attorneys are with the Labor & Employment group John T. Andrishok, Murphy J. Foster, III, Steven B. Loeb, Eve B. Masinter, E Fredrick Preis, Jr., and Jerry L. Stovall, Jr.
Management Update Briefing-New Orleans
 Breazeale, Sachse & Wilson, L.L.P. presents Management Update Briefing, a half-day labor and employment law seminar.

Thursday, February 6, 2014
8:30 AM Registration
9:00-12:00 PM Briefing


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

LL&E Tower, Suite 1500

909 Poydras Street

New Orleans, Louisiana 70112-4004


$15.00 per attendee
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