Family Law, Labor & Employment Law

Minnesota Legalizes Same-Sex Marriage

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 5/23/2013

On May 14, 2013 Minnesota became the 12th state to legalize same-sex marriage. +2013 Bill Text MN H.B. 1054....more

Employment And Labor Law Alert: Minnesota's Same-Sex Marriage Law: Effects On Employers

by Angela Bohmann, Jewelie Grape, Christina Sans | Leonard, Street and Deinard on 5/20/2013

On Tuesday, May 14, 2013, Governor Dayton signed into law a bill legalizing same-sex marriage in Minnesota (H.F. 1054 and S.F. 925), effective August 1, 2013....more

Delaware Is Next State To Legalize Same-Sex Marriage

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 5/16/2013

Delaware is now the 11th state to permit same-sex marriage under a new law that will go into effect on July 1, 2013. This follows Rhode Island's passage of a similar law last week. +2013 Bill Text DE H.B. 75....more

Proskauer’s DOMA Task Force

by Roberta Chevlowe | Proskauer - ERISA Practice Center on 5/14/2013

Proskauer’s Employee Benefits Practice Center’s DOMA Task Force, which is comprised of lawyers from our offices nationwide, regularly advises employers and other plan sponsors on the myriad benefits issues that arise in the...more

Pension Changes Proposed in Ontario Budget

by Mark Newton, Evan Van Dyk | Heenan Blaikie LLP on 5/9/2013

On May 2, 2013, the Liberal government in Ontario released its proposed budget. While the NDP has not yet lent the proposed budget support in order to ensure its passage, the Heenan Blaikie Pensions, Benefits and Compensation...more

Supreme Court Oral Arguments on DOMA, Proposition 8: Potential Employee Benefit Plan Implications

by Joseph S. Adams, Todd Solomon, Brian Tiemann | McDermott Will & Emery on 5/7/2013

On March 26 and 27, 2013, the Supreme Court of the United States heard oral arguments in cases challenging the constitutionality of the federal Defense of Marriage Act (DOMA) and California’s Proposition 8. A Supreme Court...more

Ontario Budget 2013 – More Pension Reform to Come

by Lesha Van Der Bij | Osler, Hoskin & Harcourt LLP on 5/3/2013

In today’s budget, the Ontario government announced that it is continuing with its pension reform agenda, but it is not all “old news”. Perhaps of most interest to employers and plan administrators will be the government’s...more

Do Not Delay Getting Your QDRO

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 5/1/2013

Employers know that benefits under a retirement plan can be split between a participant and a former spouse in the event of a divorce under the terms of a qualified domestic relations order (QDRO). A domestic relations order...more

Employers Should Review How Plan Documents Define Spouse in Light of Recent Benefits Litigation

by Lisa Loesel, Jacob Mattinson, Todd Solomon, Brian Tiemann | McDermott Will & Emery on 4/30/2013

Two recent cases challenging benefit eligibility for same-sex spouses highlight the need for employer-sponsored retirement and welfare plans to clearly define "spouse" for eligibility purposes. Employers may want to review...more

Senator Murphy: Prospects “Not Too Good” for Federal Bill Prohibiting Sexual Orientation Discrimination (ENDA)

by Daniel A. Schwartz | Pullman & Comley, LLC on 4/26/2013

As many wait for the Supreme Court’s decision later this term on same-sex marriages, one issue that seems to get lost in the shuffle is the fact that there is still no federal law prohibiting discrimination in employment on...more

Employers: Deadline To File Protective Payroll Tax Refund Claim Nears

by Rena Pirsos | XpertHR - Partnered with LexisNexis on 4/18/2013

Employers that paid federal income tax (FIT) and Social Security and Medicare (FICA) taxes on the value of health care benefits provided to employees' same-sex partners for tax years 2009 and after should consider whether...more

Married Same-Sex Couples Should File Protective Claims For Tax Refunds Now

by William Rohrer | Carlton Fields on 4/10/2013

When the Supreme Court ultimately decides United States v. Windsor, it could strike down the portion of the Defense of Marriage Act (DOMA) that prohibits married same-sex couples from receiving the federal benefits provided...more

U.S. Supreme Court Hears DOMA Case—Now What?

by Jason A. Rothman | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/4/2013

Last week, the U.S. Supreme Court heard oral arguments in United States v. Windsor, 12-307, a case that raises the question of whether the Defense of Marriage Act (DOMA) is constitutional. Among the various groups that are...more

Education Update, No. 2 - April 2013: Keeping Your Students Safe From Child Abductions

by Celia Joseph | Fisher & Phillips LLP on 4/3/2013

A loud, beeping Amber Alert and accompanying visual banner filled the homes and screens of area television viewers on the evening of January 14, 2013, announcing the abduction of a five-year-old student from a Philadelphia...more

Carrigan Case: Supreme Court of Canada Dismisses Leave to Appeal

by Douglas Rienzo | Osler, Hoskin & Harcourt LLP on 3/29/2013

This morning, the Supreme Court of Canada dismissed the application for leave to appeal in Carrigan v. Carrigan Estate. As a result, the Ontario Court of Appeal’s new interpretation of the priority scheme for the payment of...more

Same-Sex Marriage Cases: Are Your Benefit Plans Prepared?

by Christine Hawkins, Dipa N. Sudra | Davis Wright Tremaine LLP on 3/29/2013

News articles, social media, protests, and lunchroom conversation were all dedicated to the two cases before the U.S. Supreme Court this week. Hollingsworth v. Perry and Windsor v. United States could potentially transform...more

Argentina's Winds of Change May Reach Its Employment Discrimination Law

by Roland De Monte | Fisher & Phillips LLP on 3/21/2013

With the Catholic Cardinals’ election of their fellow Cardinal Jorge Mario Bergoglio to Pope (Francis I), a spotlight has been cast in recent days upon his native Argentina. The white smoke announcing the Cardinals’ decision...more

B.C.’s New Family Law Act and Division of Pension Rules Now in Force

by Lawson Lundell LLP on 3/18/2013

The new Family Law Act (“FLA”) came into force today, March 18, 2013. It replaces and repeals the Family Relations Act (“FRA”). The FLA carries forward the basic structure established under the FRA, with some fine tuning to...more

Long Time Separation Does Not Equal Divorce

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 3/14/2013

Most employers know that a married participant in a qualified retirement plan must name a spouse as beneficiary for at least a portion of the benefit unless the spouse signs a notarized written consent or the spouse cannot be...more

New Laws Make Seniors Safer

by Howard Ankin on 2/25/2013

The number of older adults, who are making the decision to stay in their own homes, rather than moving to senior living facilities or in with their children, is increasing. While this allows them autonomy, it also places them...more

Supreme Court Review of Same-Sex Marriage Cases Could Require Significant Changes to Employee Benefits

by Nancy Campbell, Kevin J. Hogan | Snell & Wilmer L.L.P. on 2/20/2013

In our 2012 End of Year Plan Sponsor “To Do” Lists, we indicated that there was a strong possibility that the Supreme Court would grant certiorari this term in a series of cases challenging Section 3 of the Defense of...more

Obama's Second Inaugural Address Provides Insight Into Presidential Agenda Affecting HR

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/24/2013

In his second inaugural address, President Barack Obama provided America with some insights into his beliefs and his agenda, which will significantly affect today's workplace. Fittingly scheduled on a day that honored the...more

What To Watch At The Supreme Court In 2013

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 1/10/2013

With the Supreme Court's first oral arguments of 2013 underway this week, there are several employment-related cases of note still awaiting decisions....more

Article 207 Expungement Not Available When Probation Terminated In Domestic Violence Case

by Greg HIll on 12/19/2012

Many Attorneys tell their clients the “expungement is a right. In fact, Penal Code § 1203.4 uses the word ‘shall’, meaning the court has no discretion to deny an expungement request if the defendant...more

New Jersey Assembly And Senate Amend Domestic Violence Leave Bills

by Mark Diana, Jennifer Rygiel-Boyd, Evan J. Shenkman | Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/14/2012

As previously reported in the July 2012 issue of the New Jersey eAuthority, several pending bills (A2919 and S2177) would require employers to provide unpaid leave to employees who are victims of domestic violence or sexual...more

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Family Law › Labor & Employment Law