Same-Sex Marriage, Marriage, Department of Labor (DOL)

SEC Interpretive Release on the Terms “Spouse” and “Marriage”

Seyfarth Shaw LLP on 7/11/2015

In another federal action that employers need take note of, last week the U.S. Securities Exchange Commission (SEC) issued its “Commission Guidance Regarding the Definition of the Terms ‘Spouse’ and ‘Marriage’ Following the...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

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 Says Constitution Requires States to License Same-Sex Marriages

McGuireWoods LLP on 6/29/2015

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

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

Impact of Supreme Court’s Recent Actions on Employee Benefits

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/29/2014

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

Update on Same-Sex Employee Benefits

Butler Snow LLP on 9/11/2014

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

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

Sheppard Mullin Richter & Hampton LLP on 7/21/2014

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

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

Labor Dept. Proposes to Extend FMLA Protections To Eligible Employees In Same-Sex Marriages

Miller Canfield on 6/25/2014

A rule proposed by the U.S. Department of Labor would extend the protections of the Family and Medical Leave Act (FMLA) to all eligible employees in legal same-sex marriages regardless of where they live. The FMLA allows...more

DOL’s Proposed Rule Redefines FMLA’s Definition of “Spouse” to Recognize “Place of Celebration”

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/24/2014

On June 20, 2014, the U.S. Department of Labor (DOL) issued a press release announcing a proposed rule extending the protections of the Family and Medical Leave Act (FMLA) to all eligible employees in legal same-sex marriages...more

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

Fisher Phillips on 11/13/2013

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

IRS and DOL Guidance Clarifies Post-DOMA Questions

Goodwin on 10/18/2013

The Internal Revenue Service and Department of Labor have issued recent guidance to clarify the impact of the U.S. Supreme Court’s ruling in U.S. v. Windsor. The new guidance addresses some of the implications of the federal...more

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

Baker Donelson on 9/24/2013

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

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

Miller & Martin PLLC on 9/24/2013

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

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

Ballard Spahr LLP on 9/20/2013

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

U.S. Department of Labor Announces a “Place of Celebration” Rule in Implementing the U.S. Supreme Court’s DOMA Decision With...

Proskauer - Employee Benefits & Executive... on 9/19/2013

A few weeks after the Internal Revenue Service (IRS) stated that it will apply a “place of celebration” rule in recognizing same-sex spouses for purposes of the Internal Revenue Code (including with respect to employee...more

How to Handle Employee Benefits with Same-Sex Marriages: BB&K's John Wahlin Looks at What Changes Should be Made in Light of the...

Best Best & Krieger LLP on 9/17/2013

With this summer’s Supreme Court rulings on DOMA, the Defense of Marriage Act, and Prop. 8 allowing same-sex marriages to be recognized in states that allow them, private sector and public agency employers in California...more

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