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Same-Sex Marriage › Employee Benefits › Department of Labor (DOL)

Same-sex marriage refers to marriage between two individuals of the same sex. Historically, such marriages have not been legally recognized. However, there has been a growing trend to expand marriage rights to... more +
Same-sex marriage refers to marriage between two individuals of the same sex. Historically, such marriages have not been legally recognized. However, there has been a growing trend to expand marriage rights to same-sex couples. The United States Supreme Court addressed aspects of this issue in Windsor v. United States and Hollingsworth v. Perry.  less -
Bradley Arant Boult Cummings LLP

The Election is Over, Now What?

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Now that the election is over, many clients and friends are asking what labor and employment law might look like under the soon to be President Trump. Of course, no one can predict exactly what will happen in the coming term....more

Bradley Arant Boult Cummings LLP

Health and Welfare Benefits for Same-Sex Spouses after Obergefell: A New Mandate for Employers?

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After last month’s decision by the U.S. Supreme Court in Obergefell v. Hodges, employee benefit plan sponsors may wonder whether Obergefell affirmatively imposes an obligation for employers to provide health, life,...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2015

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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

Franczek P.C.

Monthly Benefits Alert - June 2015

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Supreme Court - As explained in more detail in separate alerts we issued over the past several days, the Supreme Court decided two major cases involving the Affordable Care Act and same-sex marriage. First, as described...more

Bradley Arant Boult Cummings LLP

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

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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

McGuireWoods LLP

Supreme Court Says Constitution Requires States to License Same-Sex Marriages

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In another blockbuster 5-4 ruling authored by Justice Kennedy, in Obergefell v. Hodges, 576 U.S. ___. ____ (2015), the U.S. Supreme Court has held that the Fourteenth Amendment to the Constitution requires a state to license...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2015

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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

Bradley Arant Boult Cummings LLP

Alabama’s New “I Do”: Same-Sex Marriage, the FMLA, and Employee Benefit Considerations

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Alabama probate judges began issuing marriage licenses and presiding over ceremonies for same-sex couples a few days ago. The landmark occasion follows a recent ruling out of the Southern District of Alabama that struck down...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Impact of Supreme Court’s Recent Actions on Employee Benefits

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Did the Supreme Court legalize same-sex marriage? On October 6, 2014, the Supreme Court of the United States denied review of seven petitions challenging federal court of appeal rulings in the Fourth, Seventh, and...more

Butler Snow LLP

Update on Same-Sex Employee Benefits

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In recent months employers around the country, have been scrambling to keep up with developments with respect to the evolving rights of employees in same-sex relationships. This articles touches on some recent guidance in...more

Sheppard Mullin Richter & Hampton LLP

DOL Proposes to Amend FMLA Definition of “Spouse” to Include Same-Sex Marriages

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The U.S. Department of Labor has proposed amending the regulatory definition of “spouse” under the Family and Medical Leave Act to expressly include individuals in same-sex marriages....more

Benesch

DOL Wants FMLA to Cover Same-Sex Couples

Benesch on

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

Proskauer Rose LLP

The ERISA Litigation Newsletter - February 2014

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The employee benefits issues to be considered by the U.S. Supreme Court continue to be of great significance to plan sponsors and fiduciaries. This month we review the Court's employee benefit decisions from 2013 and also...more

Poyner Spruill LLP

Same-Gender Marriage Implications for Employee Benefit Plans

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In the summer of 2013, the Supreme Court issued a decision in U.S. v. Windsor, striking down a key provision of the Defense of Marriage Act (DOMA) and eliminating the requirement that federal law recognize only marriages...more

Akerman LLP

Employee Benefits Update: 2013 Year End Plan Tasks

Akerman LLP on

As we approach the end of the year, employers and plan sponsors of qualified retirement plans and health and welfare plans should take time to meet various upcoming deadlines. Failure to comply with the deadlines may result...more

Fisher Phillips

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

Fisher Phillips on

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

Proskauer Rose LLP

The ERISA Litigation Newsletter - October 2013

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This month we return to the age-old question – "What makes someone a fiduciary?" As Nicole Eichberger explains, the Seventh Circuit reminded us that the meaning of a "functional fiduciary" depends on exercise/conduct in...more

Bracewell LLP

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

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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

Davis Wright Tremaine LLP

FMLA Rights Extended to Same-Sex Spouses Based on Law of State Where Employee Resides

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The Department of Labor (DOL) recently updated Fact Sheet #28F: Qualifying Reasons for Leave under the Family and Medical Leave Act. For purposes of the Family and Medical Leave Act (FMLA), the term “spouse” includes a...more

McDermott Will & Emery

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

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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

Dechert LLP

Still Tied Up In Knots - IRS and DOL Guidance on Same-Sex Marriage Following Supreme Court’s Windsor Decision

Dechert LLP on

As we previously reported, in United States v. Windsor, 133 S. Ct. 2675 (2013), the U.S. Supreme Court held section 3 of the Defense of Marriage Act to be unconstitutional. Section 3 of the Defense of Marriage Act provides...more

Baker Donelson

Same Gender Spouses – The IRS and Department of Labor Now Agree

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In Revenue Ruling 2013-17 (Ruling), the IRS stated that for purposes of federal tax laws, same-gender couples who have been legally married in a jurisdiction (domestic or foreign) that allows same-gender marriage will be...more

Miller & Martin PLLC

How to Administer Benefits, Leave, and Taxes in a “Post-DOMA” World

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Well, our title is a bit provocative in that not all of your “post-DOMA” questions have yet been answered by the IRS (who defines “spouse” for purposes of employee benefits under ERISA as well as taxation under the Internal...more

Sheppard Mullin Richter & Hampton LLP

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

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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

Ballard Spahr LLP

U.S. Department of Labor Follows IRS Ruling on Recognition of Same-Sex Marriage

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The U.S. Department of Labor (DOL) yesterday announced that same-sex couples legally married in a jurisdiction that recognizes their marriage will be treated as married for purposes of the Employee Retirement Income Security...more

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