Management Update
Volume 4, Issue 3
March 2015
 
United States Department of Labor Announces Final Rule Recognizing Same-Sex Spouses Under the FMLA 
The U.S. Department of Labor issued a Final Rule yesterday revising the definition of "spouse" under the FMLA. The Final Rule, which takes effect on March 27, 2015, makes it clear that eligible employees who are in same-sex marriages that are legal in the state where the marriage took place have "spouses" under the FMLA regardless of whether or not the state in which they reside or work recognizes same-sex marriages. This change from "state of residence" to "state of celebration" can be found at 29 CFR Section 825.102 and 122(b). Employers must now determine if employees who entered into same-sex marriages did so in states in which such marriages were legal. And, if so, they must afford those employees to have a  "spouse" under the FMLA. To read the full article by partner, Jay Stovall,  visit here.
 
Annual H-1B Visa Quota Will Open on April 1, 2015

For employers looking to bring in foreign workers, The United States Citizenship and Immigration Services ("USCIS") will accept new H-1B visa filings on April 1, 2015, for a start date of October 1, 2015.  H-1Bs are for workers in specialty occupations who have obtained a college degree in fields such as chemistry, engineering, medicine, education, and law.  The demand for H-1Bs is expected to be at least twice the annual quota allocation of 85,000. This applies to first time H-1B filings, not extensions with the same company, transfers to other companies, or certain public employees.
 
US Chamber's Case against NLRB Election Rule

The U.S. Chamber of Commerce filed a brief calling the NLRB's adoption of rule changes in union representation cases "arbitrary, because the Board provided no legitimate basis for the new rule; inconsistent with the NLRA; and menacing on the free speech rights of employers under the First Amendment."  The Chamber has stated that the rule infringes on free speech by denying employers an opportunity to communicate with its employees between the filing of the election petition and the holding of the election. They also claim that, contrary to the NLRB's claims, the rule will actually result in more litigation as employers will be required to litigate in unfair labor practice cases before the Board and in Federal court. 
 
OFCCP Proposes Rules to Modernize Sex Discrimination Regulations

The Office of Federal Contract Compliance Programs ("OFCCP") has announced a proposed rule addressing a range of potential barriers to equal opportunity and fair pay for women in the workplace, to revise and modernize a sex discrimination guidance it issued in 1970 and clarify federal contractors' obligations with respect to sex discrimination. These mirror developments under Title VII and the Pregnancy Discrimination Act (PDA) in most respects but with greater expansions in the areas of identifying caregiver discrimination, discrimination based on dress or personal appearance and other forms of sex stereotyping as sex discrimination, and recognizing that pregnant employees are entitled to accommodation.
 
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 & Employment Attorneys


john.andrishok@bswllp.com 

225.381.8020

  Rachael M. Coe
rachael.coe@bswllp.com
504.584.5469

 Leo C. Hamilton  

leo.hamilton@bswllp.com

225.381.8056


 

 
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