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 […]
Labor & Employment Law Update
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 The NPRM would rescind OFCCP’s outdated guidelines on federal contractors’ obligations not to discriminate on the basis of sex under Executive Order 11246 […]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 […]
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 […]

