News & Analysis as of September 19, 2024

Same-Sex Marriage

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 7/10/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Supremes Tell States Gay Marriage is Legal

Sherman & Howard L.L.C. on 7/22/2015

Recently, the U.S. Supreme Court struck down state laws the prohibit gay marriage in Obergfell v. Hodges, No. 14-556 (June 26, 2015), First, the Court held that the Fourteenth Amendment requires a State to license a marriage...more

Employment Law - July 2015

Manatt, Phelps & Phillips, LLP on 7/13/2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

Supreme Court Decision Entitles Married Same-Sex Couples to Spousal Leave under the FMLA

Winstead PC on 7/9/2015

On June 26, 2015, the U.S. Supreme Court issued its ruling Obergefell v. Hodges, giving same-sex couples the right to marry in all 50 states. The Court held that the U.S. Constitution requires states to license a marriage for...more

The Supreme Court’s Same-Sex Marriage Ruling & Its Employment Implications

Kelley Drye & Warren LLP on 7/8/2015

Unless you’ve been living under a rock, you probably are well aware that on June 26, 2015, the U.S. Supreme Court ruled that same sex couples have a constitutional right to marry and have their marriages recognized across the...more

What Will Employers Likely See (or Not See) in the Wake of the Supreme Court's Same-Sex Marriage Decision?

Cranfill Sumner LLP on 7/3/2015

Now that the hubbub surrounding the Supreme Court’s June 26 decision in the consolidated case of Obergefell v. Hodges has begun to level off, employers are wondering how the decision will impact their workplaces. (In case...more

What Does SCOTUS Same-Sex Marriage Decision Mean For Employers?

Constangy, Brooks, Smith & Prophete, LLP on 7/1/2015

Seriously, I don’t think Friday’s Supreme Court decision in Obergefell v. Hodges will be that big a deal for most employers. The Supreme Court already decided in 2013 that the federal definition of “spouse” included same-sex...more

Same-Sex Marriage Ruling Will Impact Employers

Miller Canfield on 6/30/2015

On Friday, June 26, 2015, the U.S. Supreme Court issued its ruling in Obergefell v. Hodges, a landmark decision in which it held all state laws banning same-sex marriage to be unconstitutional. The effect of this decision is...more

Same Sex Marriage is the Law of the Land: What Next for FMLA Benefits

Obermayer Rebmann Maxwell & Hippel LLP on 6/30/2015

FMLA Rights: Earlier this year, HR Legalist announced the U.S. Department of Labor’s (DOL) Final Rule (29 C.F.R. § 825.102) that changed the regulatory definition of “spouse” under the Family and Medical Leave Act...more

What the Supreme Court’s Same-Sex Marriage Ruling Means for Employers

Bradley Arant Boult Cummings LLP on 6/30/2015

On Friday, the Supreme Court of the United States issued its long-awaited opinion in the Obergefell case, striking down bans on same-sex marriage as unconstitutional and legalizing same-sex marriage in every state. We posted...more

Supreme Court Ruling on Marriage of Same-Sex Couples Has Employee Benefit Plan Implications

Williams Mullen on 6/29/2015

On Friday, the Supreme Court, overturning a Sixth Circuit Court of Appeals ruling, affirmed that the Constitution requires states to permit same-sex couples to marry and to recognize such marriages legally celebrated...more

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/29/2015

On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to...more

Now That Same-Sex Marriage is a Constitutional Right, How Do Employers Administer FMLA Leave?

Franczek P.C. on 6/29/2015

Earlier this year, the Department of Labor issued a final rule allowing an otherwise eligible employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognized...more

SCOTUS Alert: Same-Sex Marriage is a Go, and ACA Stays Alive

Baker Donelson on 6/29/2015

Two big decisions in two days from the Supreme Court. Read on for details. Same-Sex Marriage is a Go! Today, the United States Supreme Court issued a monumental decision in Obergefell, et al. v. Hodges, et al.; Case No....more

SCOTUS Extends Same-Sex Marriage Rights Nationwide

Fisher Phillips on 6/29/2015

As has become its custom, the Supreme Court left one of its most high-profile decisions for the end of its term, holding by a 5-4 vote that the Constitution requires states to recognize same-sex marriages. As a result, state...more

Same-Sex Marriage Issues for Employers

Burr & Forman on 5/13/2015

In the case of Searcy v. Strange, 2015 WL 328825 (S.D. Ala Jan. 25, 2015), the federal Court for the Southern District of Alabama held that Alabama's ban on same-sex marriage is unconstitutional. Alabama news headlines have...more

Employment Flash - March 2015

Skadden, Arps, Slate, Meagher & Flom LLP on 4/2/2015

In This Issue: - Supreme Court Rejects Sixth Circuit Yard-Man Vested Benefits Presumption - Supreme Court Revives Pregnancy Discrimination Light Duty Case - NY Wage Theft Protection Act Amended - Senate...more

Developments Impacting Benefits for Same-Sex Spouses

McDermott Will & Emery on 8/29/2014

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

DOL Proposes Rulemaking to Amend Definition of "Spouse" for FMLA

Baker Donelson on 7/17/2014

In 2013, the United States Supreme Court held, in U.S. v. Windsor, that the Defense of Marriage Act's limitation of "marriage" and "spouse" to heterosexual couples was unconstitutional. Thereafter, President Obama instructed...more

DOL Wants FMLA to Cover Same-Sex Couples

Benesch on 7/14/2014

The U.S. Department of Labor (DOL) is seeking to extend coverage of the federal Family and Medical Leave Act (FMLA) to same-sex couples following a Supreme Court ruling that federal benefits cannot be limited based on a...more

DOL Seeks to Extend FMLA Rights Relating to Same-Sex Spouses

K&L Gates LLP on 7/7/2014

The U.S. Department of Labor (DOL) published a notice of proposed rulemaking on June 27, 2014, announcing a proposal that would expand the definition of “spouse” under the Family and Medical Leave Act (FMLA) to include all...more

U.S. Department of Labor Proposes to Change Rule Regarding Who Is a Same-Sex Spouse under the FMLA

Foley Hoag LLP on 6/27/2014

On Friday, June 20, 2014, the U.S. Department of Labor (“DOL”) announced its intention to change the regulatory definition of who is a “spouse” for purposes of the Family Medical Leave Act (“FMLA”). The impetus for the...more

DOL Proposes To Amend FMLA’s Definition of ‘Spouse’

Ballard Spahr LLP on 6/24/2014

A year after the Supreme Court struck down Section 3 of the Defense of Marriage Act in United States v. Windsor, the U.S. Department of Labor (DOL) has proposed to amend its regulations under the Family and Medical Leave Act...more

Obama Administration Announces Proposed Rule Extending FMLA Leave Rights for Same-Sex Couples

Franczek P.C. on 6/20/2014

President Obama plans to announce today a proposed rule that would allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status. ...more

Labor And Employment Observer - 2013/2014

Cozen O'Connor on 1/7/2014

In This Issue: Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a...more

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