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Labor And Employment Observer - 2013/2014

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

New Year’s Resolution — Protecting Your Business: 10 Employment Law Questions To Test Your Knowledge

In This Issue: - Employment Law New Year’s Quiz - For More Information - Excerpt from Employment Law New Year’s Quiz: 1. An employee has complained that he has been working long hours recently, but...more

New Guidance Issued On Same-Sex Marriage Impact On Benefit Plans

The Internal Revenue Service ("IRS"), the Employee Benefits Security Administration ("EBSA") and the Department of Labor ("DOL") have recently provided new guidance with respect to how lawfully married same-sex spouses will...more

Employee Benefits for Same-Sex Couples: What Your Nonprofit Needs to Know

In this presentation: - United States v. Windsor - IRS Revenue Ruling 2013-17 - IRS FAQs - IRS Notice 2013-61 - Correction of employment tax overpayments for health and other fringe...more

Benefits Update, No. 4, November 2013: The World Post-Windsor: Rethinking Benefit And Leave Policies For Same-Sex Spouses

Following a highly-publicized U.S. Supreme Court decision and subsequent guidance from both the Labor Department (DOL) and the Internal Revenue Service (IRS), employers need to rethink how they treat same-sex spouses under...more

Supreme Court strikes down Defense of Marriage Act: What are the changes for employers?

On June 26, 2013, the United States Supreme Court held that Section 3 the Defense of Marriage Act (DOMA), which prevented the federal government from recognizing state-granted same-sex marriages, was unconstitutional because...more

Windsor & DOMA: Issues for Cross-Border Employers

On June 26, 2013, the U.S. Supreme Court ruled in U.S. v. Windsor that Section 3 of the Defense of Marriage Act (“DOMA”), which defined “marriage” as strictly between opposite-sex couples and “spouse” as referring only to a...more

IRS and DOL Guidance Clarifies Employee Benefits Impact of Supreme Court’s DOMA Ruling

Recent guidance issued by the U.S. Department of the Treasury, the Internal Revenue Service (IRS) and the Employee Benefits Security Administration (EBSA) division of the U.S. Department of Labor (DOL) provides some initial...more

IRS, DOL and EBSA Issue Post-DOMA Guidance Regarding Treatment of Same-Sex Spouses

The Internal Revenue Service (“IRS”), the Employee Benefits Security Administration (“EBSA”) and the Department of Labor (“DOL”) have recently provided new guidance with respect to how lawfully married same-sex spouses will...more

Employers Should Review Benefits Plans And Other Policies Affecting Employees In Same-Sex Marriages As New IRS Guidance...

Here's something that should be at the top of your to do list on this Monday morning: make sure your benefits and other employee policies are in compliance with new guidance from the IRS that becomes effective today relating...more

EmployerLINC Employment Law Update - FMLA leave and same-sex spouses

After the U.S. Supreme Court handed down its decision regarding same-sex marriages in United States v. Windsor this summer, a number of governmental agencies charged with administering employment laws have issued explanations...more

Agencies Issue Guidance on Same-Sex Marriage Impacting Employee Benefits

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

What DOMA’s Demise Means for New York Employers and Benefit Plan Sponsors

On June 26, 2013, in United States v. Windsor, 133 S. Ct. 2675 (2013), the United States Supreme Court ruled that Section 3 of the Defense of Marriage Act of 1996 (“DOMA”) violated the Fifth Amendment’s equal protection...more

Time to Do Something About It: Governmental agencies issue revised policies in light of Windsor decision

Earlier this month, we blogged that it was “Time for Employers to Review Their Family Medical Leave Act Policies Following the Supreme Court’s Decision to Strike Down DOMA.”....more

DOL Updates Guidance On FMLA And Same-Sex Marriage

Of course, this kind of stuff happens while I'm on vacation and away from my computer. Last week, the Wall Street Journal created a bit of an uproar when it reported that the Department of Labor had just issued "regulatory...more

DOL Clarifies FMLA Leave Entitlement for Same-Sex Spouses

In the wake of the Supreme Court's Windsor decision, employers should review and, if necessary, revise their FMLA policies and procedures to ensure compliance. The U.S. Department of Labor (DOL) recently clarified that...more

U.S. Supreme Court's Decisions on DOMA Extend FMLA Definition of "Spouse" To Same-Sex Partners In States Recognizing Gay Marriage

As almost everyone knows, the U.S. Supreme Court issued two blockbuster decisions on gay marriage, U.S. v. Windsor, which struck down the Defense of Marriage Act's ("DOMA") definition of marriage for the purposes of federal...more

The Supreme Court's Decision on DOMA. An Uncertain Future for Oklahoma Employers.

The United States Supreme Court’s recent ruling in United States v. Windsor declared the Defense of Marriage Act ("DOMA") unconstitutional. Windsor mandates federal recognition of same-sex marriages from the twelve states...more

Act Now Advisory: FMLA Update: Protected Leave Available to Same-Sex Spouses

The U.S. Department of Labor ("DOL") announced that, as of August 9, 2013, it had updated guidance documents to remove references to the Defense of Marriage Act ("DOMA") in order to affirm the availability of spousal leave...more

FMLA Policy Changes Employers Should Make in Light of Windsor and the DOL’s New Guidance

On June 26, 2013, the Supreme Court of the United States struck down the Defense of Marriage Act’s (DOMA) provision defining marriage as between one man and one woman....more

Department Of Labor Extends Family And Medical Leave Act To Same-Gender Couples

On August 9, the U.S. Department of Labor (DOL) issued regulatory guidance confirming that same-sex married couples are entitled to the same benefits of the Family and Medical Leave Act (FMLA) as heterosexual married couples...more

DOL Issues Clarification Of FMLA Rights For Same-Sex Spouses

In light of the Supreme Court’s recent decision in United States v. Windsor, the U.S. Department of Labor (DOL) has just issued updated guidance for employers concerning the rights of same-sex spouses under the Family and...more

DOL Extends FMLA Benefits to Same-Sex Married Couples

Same-sex married couples now are eligible for the spousal leave provisions of the Family and Medical Leave Act (FMLA), according to Labor Secretary Thomas E. Perez. This pronouncement comes in light of the Supreme Court’s...more

U.S. Department of Labor Updates FMLA Guidance Documents to Implement Supreme Court's DOMA Decision

On August 9, 2013, U.S. Department of Labor (DOL) Secretary Thomas Perez issued an internal memorandum to DOL staff members on the Department's efforts to implement the U.S. Supreme Court's recent decision in U.S. v. Windsor,...more

U.S. Department of Labor Extends FMLA Benefits to Same-Sex Spouses in States That Recognize Same-Sex Marriage

As reported in the Wall Street Journal (“U.S. Extends Family Leave to Same-Sex Couples,” August 9, 2013, by Melanie Trottman and Kris Maher) and Employment Law 360 (“Labor Dept. Extends FMLA Coverage To Same-Sex Spouses,”...more

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