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 […]
Labor & Employment Law Update
Department of Labor Revises Definition of “Spouse” under the Family and Medical Leave Act
On February 25, 2015, the U.S. Department of Labor (“DOL”) issued a Final Rule revising the FMLA’s definition of “spouse” under the Family and Medical Leave Act (“FMLA”) regulations. Prior to the U.S. Supreme Court’s 2013 decision in United States v. Windsor, which struck down the federal Defense of Marriage […]
Antitrust Laws Can Apply to Hiring Practices
On January 15, 2015, four major tech companies — Apple, Google, Adobe and Intel — asked a federal judge in San Jose, California, to approve a settlement of a class action lawsuit accusing them of violating federal and state antitrust laws. What was the alleged violation? In essence, that they […]
OFCCP Issues New Veteran Self-Identification FAQs
In response to recent inquiries from the federal contractor community, the Office of Federal Contract Compliance Programs (“OFCCP”) recently posted two Frequently Asked Questions (“FAQs”) regarding the new VETS-4212 reporting form and the requirement to invite voluntary self-identification of protected veteran status under the Vietnam Era Veterans’ Readjustment Assistance Act […]
Supreme Court Declares Security Screening Noncompensable Under FLSA
The time employees spend waiting for and undergoing an employer’s security screening is not compensable under the Fair Labor Standards Act of 1938 (the “FLSA”). In Integrity Staffing Solutions, Inc. v. Busk, the U.S. Supreme Court found in favor of Integrity Staffing Solutions (“Integrity”), a company that provided warehouse staffing […]

