News & Analysis as of

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

The Impact of Windsor on Social Security Benefits and FMLA Rights

In light of the U.S. Supreme Court in United States v. Windsor, which struck the Defense of Marriage Act (DOMA) provision limiting marriage to opposite sex spouses, the government agencies have been working on updating...more

Fenwick Employment Brief - July 2013: DOMA and Prop 8 Rulings Clear the Way for Same-Sex Marriages in California and Require...

In U.S. v. Windsor, the court struck down a portion of the federal Defense of Marriage Act (“DOMA”) as unconstitutional. DOMA, for purposes of federal tax and benefits laws, defined marriage as only between “one man and one...more

Will the Demise of DOMA Help or Hurt Your Employees?

The Supreme Court ruling in United States v. Windsor, striking down Section 3 of the Defense of Marriage Act as unconstitutional, will have a broad range of impacts for states (including Maine and New Hampshire) which...more

Same-Sex Marriages and Employee Leave Entitlement After Windsor

In Windsor v. United States, No. 12-307 (June 26, 2013), the Supreme Court ruled that the section of the Defense of Marriage Act (DOMA) that required federal laws to ignore same-sex marriages that are legally entered into...more

Impact of DOMA Ruling on Employers and Individuals

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

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

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 Finds DOMA to Be Unconstitutional -- Impact on Employers Explained

On June 26, 2013, a majority of the Supreme Court held in United States v. Windsor that Section 3 of the Defense of Marriage Act (DOMA), which defined marriage for purposes of federal law as the union of a man and a woman, is...more

Pennsylvania Employers Left Wondering How They Are Affected By The Supreme Court's Decision On DOMA

Last week, the Supreme Court of the United States struck down as unconstitutional a key provision of the Defense of Marriage Act (DOMA) that defined “marriage” for purposes of over 1,100 federal laws as a legal union between...more

Did You Know… The Supreme Court’s DOMA Ruling Opening Federal Benefits To Same-Sex Couples Requires Employers To Update Employee...

The Supreme Court’s ruling that the Defense of Marriage Act’s definition of marriage as a legal union only between one man and one woman is unconstitutional requires employers to treat same-sex couples who are legally married...more

U.S. Supreme Court Decisions on Same-Sex Marriages Impact Employee Benefits

On June 26, 2013, the U.S. Supreme Court (the “Court”) issued two decisions, finding that federal and California laws on same-sex marriages are unconstitutional. These decisions will have far-reaching and wide-ranging...more

The Impact of the Supreme Court’s DOMA Decision on Your Employee Benefit Plans

On June 26, 2013, the United States Supreme Court held that the Defense of Marriage Act (known as DOMA) is unconstitutional. What does this mean for your company’s employee benefit plans?...more

UPDATE - Same-Sex Marriage Cases: Immediate Impact on Benefit Plans

On June 26, 2013, the Supreme Court issued its landmark ruling in Windsor v. United States holding that same-sex marriages valid under state law are now recognized at the federal level, thereby transforming the treatment of...more

Supreme Court’s DOMA Ruling: Employee Benefit Plan, Tax, and Employment Considerations

Court's holding makes federal benefits and tax advantages available to same-sex couples but raises further questions. On June 26, the U.S. Supreme Court issued its long-awaited decision in United States v. Windsor,...more

The Supreme Court Strikes Down DOMA: How the Ruling Will Impact Employers

What you need to know: The Supreme Court has ruled that the Defense of Marriage Act, a federal law defining "marriage" as "a legal union between one man and one woman," deprives same-sex spouses of the equal liberty that...more

How Does The Supreme Court’s DOMA Decision Impact Employers?

The U. S. Supreme Court has declared unconstitutional a portion of the Defense of Marriage Act (DOMA), which had established a federal definition of marriage as a legal union only between one man and one woman....more

U.S. Supreme Court Ruling: Defense of Marriage Act ("DOMA")

While the U.S. Supreme Court(the “Court”) ruled section 3 of the Defense of Marriage Act (“DOMA”) unconstitutional, that does not mean that the changes for human resources departments and employee benefits plans can be...more

U.S. Supreme Court Decisions on DOMA and Same-Sex Marriage Have Far-Reaching Implications for Employers

On June 26, 2013, the U.S. Supreme Court delivered two much-anticipated decisions that will have sweeping and significant implications for same-sex married couples. The Supreme Court in United States v. Windsor declared...more

Supreme Court Decides the Fate of Same-Sex Marriages

On June 26, 2013, the Supreme Court issued its long-awaited decisions in two same-sex marriage cases. In Hollingsworth v. Perry, No. 12-144, the Court ruled that the proponents of a popular voter initiative that reversed...more

A Summary of the U.S. Supreme Court Decisions This Week Which Will Affect Employers

Windsor v. United States - Issue: Can the federal government define marriage? Holding: No. Loser: The federal Defense of Marriage Act (DOMA), which was passed in 1996 and signed by President Clinton, was...more

How Does The Fall Of DOMA Impact The FMLA And Other Employee Benefits?

Unless you've been securely wedged under a rock over the past 24 hours, you know that the U.S. Supreme Court has declared unconstitutional the Defense of Marriage Act (DOMA), which had established a federal definition of...more

Legal Alert: Supreme Court Strikes Portion Of DOMA

On June 26, 2013, the United States Supreme Court issued a pair of opinions favorable to the gay rights movement, ruling that married same-sex couples are entitled to federal benefits and, by declining to decide a case from...more

Employment Law Blog: What does the DOMA ruling mean for employers?

Today the United States Supreme Court ruled, in United States v. Windsor, that the federal Defense of Marriage Act (DOMA) that prohibited the federal government from recognizing same-sex couples who are legally married in...more

Love Is Love, But in Light of DOMA Employers Should Adjust Health, Retirement, and Tax Planning

Now that they Supreme Court has ruled, in a common refrain heard on Twitter today, that love is love is love, what does this actually mean going forward? And, specifically, we asked attorneys writing on JD Supra to tell us...more

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