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DOL Extends FMLA Spousal Leave Rights to Same-Sex Spouses in All States

On February 23, 2015, the U.S. Department of Labor (DOL) Wage and Hour Division published its final rule regarding the definition of “spouse” under the Family and Medical Leave Act (FMLA). Specifically, the rule recognizes...more

Same-Sex Spouses to be Covered by FMLA as of March 27, 2015

On February 25, 2015, the U.S. Department of Labor (DOL) finalized a new rule (which was published in the Federal Register) expanding protections under the Family and Medical Leave Act (FMLA) for same-sex married...more

Same-sex marriage in Alabama: What employers need to know

Alabama probate judges have begun issuing marriage licenses to same-sex couples following a recent ruling out of the Southern District of Alabama that struck down the state's ban on same-sex marriage. Employers should take...more

Locke Lord QuickStudy: FMLA Rule Revises Definition of Spouse - The FMLA Extends Leave Rights to Individuals in Same-Sex and...

A Final Rule issued by the Department of Labor (DOL) on February 23, 2015 has revised the definition of “spouse” under the Family and Medical Leave Act (FMLA) to include individuals in legally recognized same-sex and...more

DOL Publishes New FMLA Regulations That Redefine "Spouse"

The Final Rule takes effect on March 27 and redefines “spouse” under the FMLA to reflect the law in the state where the marriage was performed. On February 25, the U.S. Department of Labor (DOL) published a final rule...more

DOL Issues Final Rule Amending FMLA Definition of “Spouse” to Include Same-Sex Marriages

The U.S. Department of Labor has issued a final rule amending the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”). We earlier reported on the DOL’s proposed rule to this effect, which is now...more

DOL Issues Final Rule Redefining “Spouse” Under FMLA

Last Wednesday the Department of Labor (DOL) issued its Final Rule revising the definition of “spouse” under the Family and Medical Leave Act....more

Same - Sex Marriage and the Workplace

Alabama's recent news headlines have been dominated by the subject of same-sex marriage. There are very strong opinion on both sides of the issue, and Alabama has now joined the long list of states involved in litigation...more

Alabama’s New “I Do”: Same-Sex Marriage, the FMLA, and Employee Benefit Considerations

Alabama probate judges began issuing marriage licenses and presiding over ceremonies for same-sex couples a few days ago. The landmark occasion follows a recent ruling out of the Southern District of Alabama that struck down...more

Supreme Court to Review Same-Sex Marriage Cases

The Supreme Court of the United States announced on January 16, 2015, that it would review four cases challenging the constitutionality of state laws banning same-sex marriage in Kentucky, Michigan, Ohio and Tennessee. The...more

What's Work Got to Do With It? The U.S. Supreme Court's Review of State Same-Sex Marriage Bans May Affect Employers

It was announced on January 16th that the U.S. Supreme Court will hear arguments in four same-sex marriage cases in April, potentially settling the contentious issue by the end of the term. Specifically, the justices...more

BREAKING: Supreme Court Will Review States’ Right To Ban Same-Sex Marriage

The Supreme Court decided today to review the right of states to ban same-sex marriage. The Court granted certiorari in four cases, all from the Sixth Circuit (Kentucky, Michigan, Ohio, and Tennessee), whose U.S. Court of...more

Sixth Circuit Creates Circuit Split on Same-Sex Marriage; Tees Up Issue for Possible Supreme Court Review

Yesterday afternoon, in DeBoer v. Snyder, the Sixth Circuit Court of Appeals issued an eagerly-awaited opinion, upholding laws in Ohio, Kentucky, Michigan, and Tennessee banning same-sex marriage. The court held that laws...more

Sixth Circuit decision bucks trend on same-sex marriage

As you all know, the last several weeks and months have seen an unmistakable trend in federal court decisions paving the way for same-sex marriage in a majority of states. But just when it appeared that same-sex marriage...more

Impact of Supreme Court’s Recent Actions on Employee Benefits

Did the Supreme Court legalize same-sex marriage? On October 6, 2014, the Supreme Court of the United States denied review of seven petitions challenging federal court of appeal rulings in the Fourth, Seventh, and...more

How Does Arizona Same Sex Marriage Impact HR?

On Friday October 17, 2014, same sex marriages became legal in Arizona. What are the changes that Arizona employers and their HR professionals need to be aware of? 1. The definition of spouse in employee manuals and...more

OCR Issues Guidance on Application of HIPAA Privacy Rule after Windsor

The U.S. Supreme Court's ruling that section 3 of the Defense of Marriage Act (DOMA) was unconstitutional in United States v. Windsor prompted many businesses to review and revise their employee benefit plans. However, the...more

Employment Law: Sep 2014

California Enacts Paid Sick Leave - Why it matters: Employers in California must now provide three paid sick days per year for workers, pursuant to a new law going into effect on July 1, 2015. The controversial...more

If I Was Married Out-Of-State Before Whitewood Legalized Same-Sex Marriage In Pennsylvania, When Is My Official “Date Of Change”...

It may be the case that, before your spouse can qualify under your employee benefit plan, your employer requires you to notify it of a change in marital status within a certain number of days after the marriage. It is always...more

Developments Impacting Benefits for Same-Sex Spouses

As federal and state agencies and courts further examine the implications of the Supreme Court of the United States’ ruling on same-sex marriage in U.S. v. Windsor, the laws and regulations governing employee benefits for...more

The Expanding Ash Heap of History

This year marks the 60th anniversary of the historic United States Supreme Court decision in Brown v. Board of Education of Topeka. The court overturned the precedent established in Plessy v. Ferguson, which upheld that...more

California Legislative Update: July 2014

Governor Jerry Brown recently signed into law a number of bills that will impact the employer community. A brief summary of these new laws, along with links to the bills, can be found below....more

More Post-Windsor Tax Guidance: IRS Issues Letter Outlining Steps for Individuals to Obtain Tax Refunds for Same-Sex Spousal...

On June 27, 2014, the IRS published a letter outlining the steps taxpayers should take in order to obtain a refund for taxes paid on the value of employer-sponsored health coverage provided to an employee’s same-sex spouse....more

DOL Proposes to Amend FMLA Definition of “Spouse” to Include Same-Sex Marriages

The U.S. Department of Labor has proposed amending the regulatory definition of “spouse” under the Family and Medical Leave Act to expressly include individuals in same-sex marriages....more

New Jersey Appellate Division Holds That the NJLAD Prohibits Discrimination Against Employees in the Process of Being Divorced

In Smith v. Millville Rescue Squad, 2014 WL 2894924 (App. Div. June 27, 2014), the Appellate Division held that the New Jersey Law Against Discrimination’s (NJLAD) prohibition against discrimination based on “marital status”...more

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