DOMA Ruled Unconstitutional - COTW #80

Two days ago, a federal judge ruled DOMA unconstitutional in Golinski v. U.S. Office of Personnel Mgmt. - and, it's the Case of the Week! [ an enhanced version of this opinion is available to lexis.com subscribers ] The challenge actually arose in the employment law context. An employee of...

Employment and Labor Roundup: Defense of Marriage Act decision, drugs, NLRB update, and more!

Giddyap! It's been a short week, but we have tons to talk about in the labor and employment law world! Thinking out loud about the impact of yesterday's DOMA decision on the Family and Medical Leave Act. The U.S. Court of Appeals for the First Circuit* held yesterday that Section 3 of the...

Only the Beginning? First Circuit Panel Invalidates Key Provision of Defense Of Marriage Act

In May 2012, a three-judge panel of the U.S. Court of Appeals for the First Circuit held that the definition of "marriage" set forth in Section 3 of the Defense of Marriage Act ("DOMA") does not pass constitutional muster. If the decision is upheld by the Supreme Court, repercussions...

Supremes' DOMA Decision May Simplify Some Spousal FMLA Administration

Last week's Supreme Court decision in United States v. Windsor , [ bulletin on the Windsor decision and its effects on all types of benefits programs by Brian Magargle in our firm's Columbia, SC, office] [ an enhanced version of the opinion is available to lexis.com subscribers ] striking down...