News & Analysis as of September 19, 2024

Defense of Marriage Act › Employer Mandates

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The Defense of Marriage Act (DOMA) is a United States federal statute enacted in 1996 which defines marriage as a union exclusively between a man and woman for the purposes of federal programs and benefits. In addition, DOMA provides that individual states are not required to recognize marriages between gays and lesbians who are legally married in other states. less -

FMLA To Cover Legally Married Same-Sex Spouses Beginning Next Week: What This Means For Employers

Lowndes on 3/18/2015

Effective March 27, 2015, the U.S. Department of Labor’s regulations interpreting the Family and Medical Leave Act (“FMLA”) expand coverage to legally married same-sex spouses, even if the employee lives in a state that does...more

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

Locke Lord LLP on 3/3/2015

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

Same-Sex Married Couples Now Have Equal Rights to FMLA Leave Regardless of Their Residence

Littler on 3/3/2015

March 3, 2015 Authors: Jean L. Schmidt The U.S. Department of Labor (DOL) has issued a Final Rule revising the regulatory definition of "spouse" under the Family and Medical Leave Act (FMLA) to ensure that same-sex married...more

DOL Publishes New FMLA Regulations That Redefine "Spouse"

Morgan Lewis on 3/3/2015

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

Sheppard Mullin Richter & Hampton LLP on 3/2/2015

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 Extends FMLA Leave to More Same-Sex Couples

Epstein Becker & Green on 3/2/2015

On February 23, 2015, the U.S. Department of Labor (“DOL”) published a final rule amending the definition of “spouse” under the Family and Medical Leave Act (“FMLA”) to include all individuals in legal marriages. This new...more

DOL Extends FMLA Protection to Same-Sex Spouses

Ballard Spahr LLP on 2/27/2015

The U.S. Department of Labor (DOL) recently issued a final rule amending its definition of “spouse” under the Family and Medical Leave Act (FMLA) to extend FMLA protection to legally married employees with same-sex spouses,...more

Department of Labor Expands FMLA Coverage for Same-Sex Spouses

Snell & Wilmer on 2/26/2015

Same-sex spousal rights, particularly in the area of employment law, are in a state of flux. This conundrum will hopefully be resolved later this year when the U.S. Supreme Court issues a ruling on a collection of four cases...more

DOL Expands FMLA Rights for Same-Sex Spouses

Faegre Drinker Biddle & Reath LLP on 2/26/2015

On February 25, 2015, the U.S. Department of Labor’s Wage and Hour Division (DOL) published a final rule to revise the Family and Medical Leave Act of 1993’s (FMLA) definition of “spouse,” expanding FMLA leave to employees...more

New IRS Rules on Same Sex Marriages and How the Rules Affect Employer-Sponsored Retirement Plans

Baker Donelson on 4/25/2014

In the U. S. Supreme Court's decision in United States v. Windsor (Windsor), the Court held that, for federal purposes, Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. Although the dispute in the Windsor...more

What Does DOMA and Prop 8 Mean to You: The Employer?

Nossaman LLP on 7/23/2013

After a year-long battle, Section 3 of the so-called Defense of Marriage Act ("DOMA"), which denied federal recognition of all state-sanctioned same-sex marriages, and California's Proposition 8 banning gay marriage are both...more

The Impact of the Supreme Court's Decision in Windsor (DOMA) on Individuals and Businesses

Foley & Lardner LLP on 7/18/2013

The U.S. Supreme Court’s decision in United States v. Windsor, issued two weeks ago, held that a portion of the Defense of Marriage Act (DOMA) was unconstitutional. This decision will affect individuals, employers, and...more

Healthcare Law -- Jul 15, 2013

Manatt, Phelps & Phillips, LLP on 7/16/2013

How Does the DOMA Defeat Impact Healthcare Reform and Health Insurance Access? - NOTE: The Supreme Court's 5-4 decision to invalidate the Defense of Marriage Act (DOMA) will affect more than 1,000 federal statutes—and...more

Health Care Reform Employer Mandate Delayed; DOMA Struck Down - What Now For Employers?

Poyner Spruill LLP on 7/16/2013

Health Care Reform Employer Mandate and Reporting Provisions Delayed until 2015 - The U.S. Department of the Treasury unexpectedly announced on July 2, 2013 the delay of the employer shared responsibility ‘pay or play’...more

Q&A on Employee Benefits After the Supreme Court’s Ruling that DOMA is Unconstitutional

Stoel Rives LLP on 7/16/2013

The US Supreme Court has ruled that Section 3 of the Defense of Marriage Act (DOMA), which defined marriage for federal law purposes to mean opposite-sex marriage, is unconstitutional (United States v. Windsor, 2013 WL...more

Ramifications of the Overturning of DOMA on Employee Benefit Plans

Morrison & Foerster LLP on 7/16/2013

On June 26, 2013, the United States Supreme Court overturned Section 3 of the Defense of Marriage Act (“DOMA”), which required the federal government to deny married same-sex couples the rights and benefits provided to...more

Impact of DOMA Ruling on Employers and Individuals

Baker Donelson on 7/15/2013

In the recently-issued opinion in United States v. Windsor, the Supreme Court has ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional as a violation of the Equal Protection Clause of the...more

The Supreme Court's Decision Declaring Section 3 Of The Defense Of Marriage Act Unconstitutional Has Far-Reaching Implications For...

Laner Muchin, Ltd. on 7/12/2013

On June 26, 2013, in United States v. Windsor, the United States Supreme Court struck down Section 3 of DOMA, holding that it was unconstitutional to discriminate between same-sex and opposite-sex marriages for purposes of...more

Supreme Court DOMA Decision Is Far-Reaching, but Leaves Many Unanswered Questions for Employers

Dechert LLP on 7/10/2013

On June 26, 2013, the United States Supreme Court held in United States v. Windsor, that Section 3 of the Defense of Marriage Act (“DOMA”) was “unconstitutional as a deprivation of the equal liberty of persons that is...more

Supreme Court Ruling on Same-Sex Marriage: Impact on Employee Benefits

Patterson Belknap Webb & Tyler LLP on 7/10/2013

The United States Supreme Court’s landmark decision on June 26, 2013 in United States v. Windsor that struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional has far reaching implications for employee...more

Special Alert for Employers and Other Benefit Plan Sponsors: How Will the Supreme Court's DOMA Decision Impact Your Employee...

Proskauer Rose LLP on 7/9/2013

On June 26, 2013, the U.S. Supreme Court issued a decision that will affect virtually all employers across the country. In United States v. Windsor, the Court ruled in a 5-4 decision that Section 3 of the federal Defense of...more

Supreme Court's DOMA Decision Affects Employers' Obligations under the FMLA

Proskauer Rose LLP on 7/9/2013

On June 26, 2013, the United States Supreme Court struck down the federal law that defined "marriage" as a legal union between one man and one woman as husband and wife, and "spouse" as a person of the opposite sex who is a...more

U.S. Supreme Court Holds DOMA Unconstitutional: Broad Impact on Retirement Plans, Health and Welfare Plans, and Payroll...

Wilson Sonsini Goodrich & Rosati on 7/9/2013

On June 26, 2013, the Supreme Court issued a ruling in U.S. v. Windsor concerning same-sex marriage. This WSGR Alert covers the impact of the ruling on employee benefit plans and provides action items for employers....more

DOMA Ruling: Practical Implications of the Supreme Court’s Decision

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/8/2013

On June 26, 2013, the Supreme Court of the United States issued a decision in United States v. Windsor. The Court ruled that a provision of the federal Defense of Marriage Act (DOMA), which had denied federal benefits to...more

Supreme Court Decision Striking Down DOMA Will Have a Significant Impact on Employer-Sponsored Benefits

Akerman LLP on 7/8/2013

The United States Supreme Court ruled on June 26 in United States v. Windsor, U.S., No 12-307, that the definitions of “marriage” and “spouse” contained in the Defense of Marriage Act (DOMA) excluding same-sex partners are a...more

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Defense of Marriage Act › Employer Mandates

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