Management Update
Volume 3, Issue 12
December 2014
 
Employment-Based Immigration Changes

President Obama has announced he will take executive action to expand the population of currently undocumented individuals who will be allowed to remain and work legally in the U.S. Key initiatives include: expansion of Deferred Action for Childhood Arrivals (DACA); creation of Deferred Action for Parents (DAP); employment authorization for H-1B dependents; expansion of Optional Practical Training (OPT) for foreign students and graduates from U.S. universities; greater consistency in the L-1B Visa Program; and increasing worker portability. While full implementation of these actions could take months, employers should begin preparing for these changes and be ready to answer employee's questions concerning the impact of these actions. 
 
House Files Obamacare Lawsuit
The House of Representatives has filed a lawsuit alleging that the Obama administration overstepped executive authority when implementing the new health care law. The lawsuit claims that two aspects of the Obamacare law violated the terms of the legislation by first, causing repeated delays of the employer mandate and second, making payments to insurance companies under a cost-sharing provision that the suit argues were never authorized by law. 
 
President Withdraws Controversial NLRB Nominee

President Obama has withdrawn the nomination of Sharon Block to the National Labor Relations Board due to Republican objections. Lauren McFerran, chief labor counsel for the Senate Committee on Health, Education, Labor and Pensions (HELP), has been nominated in her place.
 
The EEOC Continues to Challenge Employer Wellness Programs

The U.S. Equal Employment Opportunity Commission is cracking down on wellness programs in which participation affects benefit eligibility, recently suing three employers whose programs allegedly violated the Americans with Disabilities Act. Despite this, employers who strictly want to incentivize healthier lifestyles among employees should not be discouraged from using a wellness program. However, it is important to keep these programs completely voluntary, especially when a required medical examination has no relation to the employee's job or any business necessity; and not to penalize an employee who declines to participate.  Likewise, it is important to be mindful that the programs (in either their design or implementation) may also have implications across a broad spectrum of employment laws, including the ADA, HIPAA, GINA, Title VII, and the ADEA.
 
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