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Defense of Marriage Act › Family and Medical Leave Act (FMLA)

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... more +
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 -
Manatt, Phelps & Phillips, LLP

Employment Law - July 2015

Manatt, Phelps & Phillips, LLP on

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

Kelley Drye & Warren LLP

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

Kelley Drye & Warren LLP on

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

Williams Mullen

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

Williams Mullen on

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

Burr & Forman

Same-Sex Marriage Issues for Employers

Burr & Forman on

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

Genova Burns LLC

Same-Sex Couples Now Receive Equal Coverage Under The FMLA

Genova Burns LLC on

On Friday, March 27, 2015, the Department of Labor (“DOL”)’s new regulation revising the definition of “spouse” to include those in same-sex marriages went into effect expanding the definition of spouse under the Family and...more

FordHarrison

DOL Defines a Married, Same-Sex Partner as a "Spouse" under the FMLA

FordHarrison on

Effective March 27, 2015, the Family and Medical Leave Act (FMLA) is revised to define a "spouse" to include married, same-sex partners regardless of the state in which they reside. This change gives same-sex couples the...more

Baker Donelson

Federal Judge Blocks Department of Labor Rule Expanding FMLA to Same-Sex Couples

Baker Donelson on

On Thursday, March 26, a federal district court in the Northern District of Texas granted an injunction blocking the U.S. Department of Labor (DOL) from enacting a new rule under the Family and Medical Leave Act (FMLA) that...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: FMLA “Spousal” Rule On Hold For Now

Constangy, Brooks, Smith & Prophete, LLP on

The new rule defining “spouse” for purposes of leave under the Family and Medical Leave Act was set to take effect today. But a federal judge in Texas yesterday temporarily blocked the rule from going into effect after...more

Lowndes

FMLA Leave Extended to Legally Married Same-Sex Spouses

Lowndes on

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

Polsinelli

FMLA Rights Extend to Same Sex Spouses

Polsinelli on

The Department of Labor recently published its final rule amending the definition of “spouse” in the Family Medical Leave Act ("FMLA") regulations to include eligible employees in legal same-sex marriages. Beginning on March...more

Partridge Snow & Hahn LLP

FMLA Recognizes Same-Sex Marriages

Partridge Snow & Hahn LLP on

The U.S. Department of Labor (DOL) has revised the definition of “spouse” under the Family and Medical Leave Act (FMLA) to include marriages legally entered into by same-sex couples. This revision expands the FMLA’s reach...more

Baker Donelson

Redefining the Term "Spouse" Under the FMLA

Baker Donelson on

For employers that operate in states that do not recognize same-sex marriage and for those that operate in multiple states, the Family Medical Leave Act's (FMLA) application to same-sex partners of employees has been a...more

Lowndes

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

Lowndes on

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

Stinson LLP

New Rule Defining Spouse Under the FMLA - Becomes Effective March 27, 2015

Stinson LLP on

The Department of Labor has enacted a final rule updating the regulatory definition of “spouse” under the FMLA. This rule will provide the same benefits to any employee in a legal same sex marriage, if the marriage was legal...more

Foley & Lardner LLP

Department of Labor Announces Expansion of FMLA Rights to Same-Sex Couples

Foley & Lardner LLP on

The United States Department of Labor issued a groundbreaking rule change last week, granting couples in legal, same-sex marriages the same rights as those in opposite-sex marriages under the Family Medical Leave Act (FMLA)....more

McDermott Will & Emery

DOL Extends FMLA Spousal Leave Rights to Same-Sex Spouses in All States

McDermott Will & Emery on

On February 23, 2015, the U.S. Department of Labor (DOL) Wage and Hour Division published its final rule regarding the definition of “spouse” under the Family and Medical Leave Act (FMLA). Specifically, the rule recognizes...more

Locke Lord LLP

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

Locke Lord LLP on

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

Littler

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

Littler on

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

Morgan Lewis

DOL Publishes New FMLA Regulations That Redefine "Spouse"

Morgan Lewis on

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

Sheppard Mullin Richter & Hampton LLP

DOL Issues Final Rule Amending FMLA Definition of “Spouse” to Include Same-Sex Marriages

Sheppard Mullin Richter & Hampton LLP on

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

Epstein Becker & Green

DOL Extends FMLA Leave to More Same-Sex Couples

Epstein Becker & Green on

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

Ballard Spahr LLP

DOL Extends FMLA Protection to Same-Sex Spouses

Ballard Spahr LLP on

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

Snell & Wilmer

Department of Labor Expands FMLA Coverage for Same-Sex Spouses

Snell & Wilmer on

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

Hinshaw & Culbertson LLP

Department of Labor: Married Same-Sex Couples Have FMLA Rights Regardless of State of Residence

Hinshaw & Culbertson LLP on

The U.S. Department of Labor ("DOL") recently announced its Final Rule changing the definition of "spouse" in the Family and Medical Leave Act ("FMLA") to include most same-sex married couples. The Final Rule becomes...more

Faegre Drinker Biddle & Reath LLP

DOL Expands FMLA Rights for Same-Sex Spouses

Faegre Drinker Biddle & Reath LLP on

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

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