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 […]
Labor & Employment Law Update
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 […]
2015 H-1B Cap Opens (and Likely Closes) April 1st – Employers Need to Start the Filing Process Now
For the 2015 H-1B visa cap, April 1 is the first day U.S. Citizenship and Immigration Services (“USCIS”) will accept H-1B cap-subject petitions for foreign national professionals in specialty occupations. Cap-subject H-1B visas become available each year on October 1 — and filings with USCIS can be made no sooner […]

