Management Update
Volume 3, Issue 3
March 2014

Wage & Hour Division To Revise FMLA Definition of Spouse

The Wage and Hour Division of the U.S. Department of Labor is set to revise its definition of the term 'spouse' for purposes of the Family & Medical Leave Act (FMLA). This change was prompted by the Supreme Court's decision in United States v. Windsor, in which the Court struck down the Defense of Marriage Act (DOMA) as unconstitutional. With this new definition, companies should review handbooks, procedures, and any other FMLA-related materials to ensure they are consistent with current Federal Regulations.

Restaurants to pay $5.25 Million

Mario Batali and his partner Joseph Bastianich have settled a lawsuit brought by 1,100 employees at eight of their restaurants. The employees accused Batali and Bastianich of skimming 4-5% of nightly pooled tips to pay for sommeliers and management profits. The 1,100 employees included waiters, back waiters, bartenders, bussers, runners and captains. The $5.25 Million settlement will be distributed to restaurant workers depending on the number of hours worked.
Union Rejected at VW Plant

On February 14, an organizing attempt by the United Auto Workers (UAW) Union was defeated at the Volkswagen plant in Chattanooga, TN. Considering Volkswagen did not openly oppose the Union's effort, the election seemed to be an easy win for UAW; however, politicians came out in strong opposition to the Union, which ultimately failed to gather support from a majority of workers. UAW must now cease all organizing for one year at the Chattanooga plant. This defeat is a particularly difficult loss for the UAW, because organizing the Southern U.S. has long been a goal for the Union.

FMLA Leave to Vegas?

In Ballard v. Chicago Park District, Seventh Circuit Court of Appeals held that Beverly Ballard's trip to Vegas with her terminally-ill mother was covered by FMLA. Ballard was her mother's caregiver and lived with her. One of her mother's last wishes was a family trip to Vegas. After funds were secured, Ballard requested unpaid time off from her employer, Chicago Park District, to go on the trip. The leave was denied, but Ballard took the trip anyway. When Ballard was let go because of unauthorized absences she sued under FMLA.
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.

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