Management Update
Volume 3, Issue 4
April 2014

Unionizing College Athletes

On March 26, the a Regional Director for the NLRB ruled that football players at Northwestern University in Evanston, IL are employees for purposes of the NLRA and, as such, have the right to form a union. The decision found that grant-in-aid scholarship football players receive compensation just like employees receive wages under the NLRA and has directed an election to take place. Assuming the decision is upheld by the full NLRB in Washington and the Courts, this ruling has the potential of dramatically changing college sports. To read the 24-page decision visit here.

Expanded Affirmative Action for Federal Contractors

As of March 24, Federal Contractors must now comply with new affirmative action requirements, which encourage the hiring of veterans and people with disabilities. The most noteworthy requirement is that federal contractors must have utilization goals for employees with disabilities and hiring benchmarks for veterans. Data collection is also required under these regulations, as well as invitations to job applicants to self-identify as veterans or individuals with disabilities. Federal contractors should take steps to confirm that their documents, practices and written affirmative action plans comply with the new regulations.

EEOC and FTC Issue Background Check Guidance

The U.S. Federal Trade Commission (FTC) and the U.S. Equal Employment Opportunity Commission (EEOC) have published two technical assistance documents that explain how the agencies' respective laws apply to background checks performed for employment purposes. This is the first time that the two agencies have partnered to create resources addressing concerns in this key area.


Background Checks: What Employers Need to Know is for employers. This document stresses that employers need written permission from job applicants before getting background reports. They reaffirm that it is illegal to discriminate based on a person's race, color, national origin, sex, religion, age (40 or older), disability, or genetic information, including family medical history, when requesting or using background information for employment, regardless of where the information was obtained.


Background Checks: What Job Applicants and Employees Should Know is for job applicants and employees. This document informs job applicants that it is not illegal for potential employers to ask about their background, as long as the employer does not unlawfully discriminate and obtains written permission. When applicants and employees are turned down for a job or denied a promotion based on information in their background reports, they have the right to review the reports for accuracy.

Ninth Circuit Upholds FMLA Verdict

In Escriba v. Foster Poultry Farms, Inc., the Ninth Circuit found there was substantial evidence to support the jury's verdict that Foster Poultry Farm did not interfere with Maria Escriba's FMLA rights by firing her after she failed to return from her vacation to care for her father. Ms. Escriba had affirmatively declined to use FMLA leave before she left, then violated the farm's three-day "no show, no call" policy when her vaction time was over. Ms. Escriba contended that by telling her employer why she was leaving for vacation FMLA was triggered automatically even if she declined it when asked.

With this decision, the Court held that employees can expressly decline to use FMLA leave in order to preserve it for future use, even where underlying reason for seeking time off would have qualified for protection and even when the employer knew of the underlying reason for seeking time off and that it would have been covered under the 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