Management Update
Volume 3, Issue 9
September 2014
NLRB Encourages Employees to Also File Complaints with OSHA and Department of Labor

The National Labor Relations Board (NLRB) issued Memorandum OM 14-77 on August 8, 2014, in which it instructed Regional offices to encourage employees who have filed an unfair labor practice charge with the NLRB to also file complaints with the Occupational Safety and Health Administration (OSHA) and the Wage and Hour Division of the Department of Labor. This is just another reason that employers must ensure that their written policies and actual practices comply with the Occupational Safety and Health Act, the National Labor Relations Act and the Fair Labor Standards Act as federal laws continue to be impacted by new Executive Orders, Enforcement Guidances and Rule changes. Full article can be found here.  
NLRB Authorizes Complaints against McDonald's as a Joint Employer

On July 29, the National Labor Relations Board (NLRB) announced that they have authorized unfair labor practice complaints against McDonald's alleging that the McDonald's Corporation (the franchisor) is a "joint employer" with its franchisees. This decision marks a significant challenge to the existing law in the area of labor relations holding franchisors liable for labor violations of their franchisees and will have an impact far beyond the fast-food restaurant industry. This change could mean significant changes to both franchise agreements and the way franchisors operate and manage risks. It could also expand the number of entities found to be joint employers making them potentially liable for alleged unfair labor practices, and could expand to other employment laws as well, such as wage-and-hour and discrimination cases. 
Louisiana Joins 16 Other States in Prohibiting Employers from Accessing Employee Online Accounts

Effective August 1, Louisiana joined at least sixteen other states who have enacted laws prohibiting or restricting employers from accessing employees' personal online accounts. This includes social media, email accounts, or any other online accounts employees use for anything non-business related. Similarly, the National Labor Relations Board has recently found that the attempt by employers to monitor or censor their employees' personal social media accounts may also be an unlawful labor practice even without requiring access to these accounts. 
New Accommodations Offered on Birth Control

In the wake of the controversial Hobby Lobby Ruling, the U.S. is now proposing to allow religious non-profits to notify the government, rather than their insurers, that they object to birth control on religious grounds. The government will then notify the insurer that they will be responsible for taking on birth control coverage, at no cost to the employer. This allows non-profits to opt out of coverage while still giving employees access to contraception. In a related move, the Administration announced plans to extend the existing accommodation to some for-profit "closely held" corporations that are owned by families or a small number of investors which would transfer responsibility for birth control coverage away from the employer. Both of the modifications are open to comments from interested parties for 60 days.
Employers Review Criminal Screens

Following New Jersey Gov. Chris Christie's recent signing of a "ban the box" law preventing employers from asking up front about a job applicant's criminal history, employers should evaluate how they use criminal background checks in the hiring process which may affect employers in multiple states passing similar laws. Another factor to consider is recent scrutiny from federal employment regulators after the EEOC issued an updated guidance addressing potential race discrimination arising from the use of criminal background checks in hiring.
It's Official, The EEOC Doesn't Want Your Employees To Be Healthy

The EEOC is apparently not a fan of wellness plans. At least not the way that the plan was implemented by Wisconsin-based Orion Energy Systems. Last week the EEOC, probably after a big breakfast of bacon, eggs and donuts, filed suit against Orion claiming that Orion's wellness plan violated the ADA as an unlawful medical examination and that Orion retaliated against employees who refused to participate in the plan (EEOC v. Orion, Eastern District Wisconsin, No 1:14-cv-1019). And, as much as I hate to admit it, I tend to agree with the EEOC on this one. Full article can be found here. 
BSW Labor & Employment Attorneys Recognized by Best Lawyers

Four Labor & Employment attorneys from Breazeale, Sachse & Wilson, L.L.P. were recently selected by their peers for inclusion in The Best Lawyers in America� 2015 (Copyright 2014 by Woodward/White, Inc., of Aiken, S.C.), Murphy J. Foster, III, Eve B. Masinter, Jerry "Jay" L. Stovall, Jr., and Joseph R. Hugg.
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.

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Breazeale, Sachse & Wilson, L.L.P. Labor & Employment Attorneys 


Murphy J. Foster, III


Leo C. Hamilton


Joseph R. Hugg





Yvonne R. Olinde


E. Fredrick Preis, Jr.




Jennifer D. Sims




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