The “OFCCP Week in Review” is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment published every Friday. Here are this week’s developments: 
February 25, 2015: The U.S. DOL Wage-Hour Division this day published a Final Rule revising the definition of “spouse” under the Family and Medical Leave Act. The new definition now allows eligible employees in legal same-sex marriages to take FMLA leave to care for their spouse, regardless of where they live, including if one or both members of the union now reside in a state which does not recognize same-sex marriage. The Final Rule will become effective March 27, 2015. Major features of the Final Rule include:
- Moving from a ‘state of residence’ rule to a ‘place of celebration’ rule for the definition of spouse which now looks at the law of the place in which the marriage was entered into, as opposed to the law of the state in which the employee resides. A place of celebration rule allows all legally married couples, whether opposite-sex or same-sex, or married under common law, to have consistent federal family leave rights regardless of where they live.
- Final Rule’s definition of spouse also includes individuals in same-sex marriages that were validly entered into outside of the US if they could have legally married in at least one state within the United States.
More information about the Final Rule to Revise the Definition of “Spouse” Under the FMLA can be found in these two links: 1) Fact Sheet 2) FAQ’s
THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL.
Reminder: If you have specific OFCCP compliance questions and/or concerns or wish to offer suggestions about future topics for the OFCCP Fox Report, please contact your membership representative at 866-268-6206 (for DE members), or send an email to Candee Chambers at candee@directemployers.org with your ideas.
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