Earlier this week, the Colorado Supreme Court issued its long-awaited decision in Coats v. Dish Network, LLC. The case required the court to determine whether the use of medical marijuana in compliance with Colorado’s Medical Marijuana Amendment, but in violation of federal law, is a “lawful activity” under Colorado’s “lawful […]
Labor & Employment Law Update
New FMLA Forms Now Available
With absolutely no fanfare—not even a press release—the Department of Labor’s Wage and Hour division released new Family and Medical Leave Act (FMLA) forms last week. For those of you keeping score, the prior FMLA forms continued to expire, only to show an additional month’s extension that kept the forms […]
SCOTUS: Federal Agencies Are Not Required to Follow the APA in Creating “Interpretive Rules”
In 2006, following the Department of Labor’s (DOL) 2004 promulgation of new regulations regarding the administrative exemption under the Fair Labor Standards Act (FLSA), the DOL issued an opinion letter finding that mortgage loan officers fell within the administrative exemption under those regulations. Four years later, and under a different […]
OFCCP Proposes New Sex Discrimination Rules
The Office of Federal Contract Compliance Programs (“OFCCP”) has announced the publication of a Notice of Proposed Rulemaking (NPRM) to revise and replace its Sex Discrimination Guidelines. The NPRM would rescind OFCCP’s outdated guidelines on federal contractors’ obligations not to discriminate on the basis of sex under Executive Order 11246 […]
NLRB Issues Memo on Legality of Employee Handbook Policies
On March 18, 2015, the National Labor Relations Board’s General Counsel issued Memorandum 15-04 analyzing the legality of many types of employee handbook policies in the context of Section 7 of the National Labor Relations Act. The Memorandum offers guidance on the General Counsel’s views of this evolving area of […]