News & Analysis as of September 21, 2024

Employer Mandates › Same-Sex Marriage

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Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide minimum essential insurance coverage to their employees or else pay statutory penalties. The concept of an employer mandate is not unique to the Affordable Care Act; many EU countries have their own versions with different and/or expanded employer obligations. less -

Religious Institutions Update: October 2016

Holland & Knight LLP on 10/27/2016

Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more

Employee Health Care Plans: Tips for Navigating the Affordable Care Act Requirements

Baker Donelson on 8/7/2015

The United States Supreme Court upheld the Affordable Care Act (the "Act") in a recent decision involving the use of the insurance exchanges. Employers are now certain that they must deal with the requirements of the Act...more

The ERISA Litigation Newsletter - July 2015

Proskauer Rose LLP on 7/29/2015

Editor's Overview - This month's article by Lindsey Chopin discusses Affordable Care Act ("ACA") litigation. Just five years old, the Supreme Court has considered issues related to the ACA numerous times. Two of those...more

DOL to Enforce Same-Sex Spouses FMLA Regulation In All But Four States

Weintraub Tobin on 4/16/2015

In our previous post, Same-Sex Marriage Partners Now Covered by FMLA, we reported on the final FMLA rule that expanded the definition of “spouse” under the FMLA to include employees in legal same-sex marriages. ...more

DOL Will Not Enforce Final FMLA Regulation Regarding Same-Sex Spouses in Four States

Franczek P.C. on 4/13/2015

Last week, I reported that a federal district court in Texas had halted the DOL’s enforcement of its final rule that would allow employees to take FMLA leave for their same-sex spouse. ...more

2015 Check-In — Have you updated your policies and documents?

Levenfeld Pearlstein, LLC on 3/25/2015

Earlier this year, we posted a checklist outlining key issues and action items for compliance in 2015. With the first quarter coming to a close, we want to remind you of a few important items from that checklist that required...more

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

New FMLA Regulations Will Affect Texas Employers

Cozen O'Connor on 3/11/2015

Texas does not recognize same sex marriage, so the natural thought would be to deny a request for an employee to take FMLA leave to care for his or her same sex “spouse” from a marriage in another state. ...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/3/2015

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 couples. ...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

Supreme Court Will Hear Same-Sex Marriage Issue

FordHarrison on 1/21/2015

The U.S. Supreme Court will hear arguments in four same-sex marriage cases in April, potentially settling the divisive issue by the end of the current term. The justices will consider an appeal from the 6th Circuit decision...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

Same-Sex Marriages and Windsor: IRS Issues Notice on Retirement Plan Amendments and Retroactivity

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/14/2014

Employers and participants alike have been anxiously waiting for further guidance from the Internal Revenue Service (IRS) on how marriages of same-sex couples will be treated for purposes of qualified retirement plans. On...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

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Employer Mandates › Same-Sex Marriage

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