News & Analysis as of

Spouses Final Rules

Gibney Anthony & Flaherty, LLP

USCIS Extends EAD Auto-Extension Period

USCIS has implemented a temporary final rule to automatically extend the validity of certain expired or expiring Employment Authorization Documents (EADs) for up to 540 days. Previously USCIS permitted a 180-day...more

DirectEmployers Association

OFCCP Week In Review: May 2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

McGuireWoods LLP

FMLA’s Expanded Definition of “Spouse” Now Effective in All States

McGuireWoods LLP on

As discussed in our prior article, the U.S. Department of Labor (DOL) promulgated a final rule on February 25, 2015 that, effective March 27, modified the federal Family and Medical Leave Act’s (FMLA) definition of “spouse”...more

Obermayer Rebmann Maxwell & Hippel LLP

Same Sex Marriage is the Law of the Land: What Next for FMLA Benefits

FMLA Rights: Earlier this year, HR Legalist announced the U.S. Department of Labor’s (DOL) Final Rule (29 C.F.R. § 825.102) that changed the regulatory definition of “spouse” under the Family and Medical Leave Act...more

Goulston & Storrs PC

Estate Tax Regulations Allow Taxpayers to Request Late Portability Relief

Goulston & Storrs PC on

The IRS released new final estate and gift tax regulations that include guidance on taxpayers seeking so-called “portability” elections to carry over the lifetime exclusion from the first spouse to die to the second spouse.  ...more

Cranfill Sumner LLP

Texas Judge Blocks FMLA Same-Sex Spouse Rule in Four States

Cranfill Sumner LLP on

The Department of Labor’s same-sex spouse rule under the Family and Medical Leave Act was supposed to go into effect on March 27. At the 11th hour, however, a federal judge in Texas stepped in and preliminarily enjoined...more

Snell & Wilmer

State of Celebration Standard Now in Effect for FMLA

Snell & Wilmer on

In a previous blog, I wrote about regulations issued by the Department of Labor (“DOL”) proposing to revise the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”) to be based on the law of the...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

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

Miller & Martin PLLC

DOL Issues Final Rule Regarding the Definition of "Spouse" Under the FMLA

Miller & Martin PLLC on

In another effort to remedy the chaos caused by the U.S. Supreme Court’s overturn of the DOMA in June of 2013, the Department of Labor (DOL) has issued its final rule defining who is a “spouse” for purposes of the federal...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

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

Robinson & Cole LLP

Federal FMLA in Flux: “Spouse” Revised and “Expired” Forms Revived

Robinson & Cole LLP on

The U.S. Department of Labor’s (DOL) Wage and Hour Division announced a Final Rule revising the regulatory definition of "spouse" under the Family and Medical Leave Act of 1993 (FMLA). Effective March 27, 2015, the federal...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

Cozen O'Connor

New FMLA Regulations Will Affect Texas Employers

Cozen O'Connor on

Texas does not recognize same sex marriage, so the natural thought would be to deny a request for an employee to take FMLA leave to care for his or her same sex “spouse” from a marriage in another state. ...more

Weintraub Tobin

Same-Sex Marriage Partners Now Covered by FMLA

Weintraub Tobin on

On February 25, 2015, the United States Department of Labor issued new rules designed to revise the regulatory definition of “spouse” under the Family and Medical Leave Act of 1993 (“FMLA”). ...more

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

Same-Sex Spouses to be Covered by FMLA as of March 27, 2015

On February 25, 2015, the U.S. Department of Labor (DOL) finalized a new rule (which was published in the Federal Register) expanding protections under the Family and Medical Leave Act (FMLA) for same-sex married couples. ...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

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

Franczek P.C.

DOL Issues Final Rule Extending FMLA Leave Rights to Same-Sex Couples: Here's Everything Employers Need to Know

Franczek P.C. on

The Department of Labor has issued a final rule that will allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status. This...more

Constangy, Brooks, Smith & Prophete, LLP

New FMLA Rule Will Give Rights To Same-Sex Spouses Based On “Place Of Celebration”

The U.S. Department of Labor announced today its Final Rule changing the definition of “spouse” in the Family and Medical Leave Act to include most same-sex married couples. I blogged about the proposed rule in June, and the...more

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