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DOL Guidance Clarifies FMLA Rights for Same-Sex Couples

It has been nearly two months since the U.S. Supreme Court nullified Section 3 of the Defense of Marriage Act ("DOMA"). Yet, the Administration has been largely silent on its interpretation of how the Supreme Court's decision affects the 1,100 plus federal laws that use the term "spouse...

U.S. Treasury Department Rules on Recognition of Same-Sex Marriage

by Jonathan M. Calpas , Edward I. Leeds , Brian M. Pinheiro , and Diane A. Thompson The U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) yesterday ruled in Revenue Ruling 2013-17 that same-sex couples, legally married in a jurisdiction that recognizes their marriage...

FMLA Now Covers Same-Sex Spouses (Sort Of)

Ever since the Supreme Court invalidated the Defense of Marriage Act in U.S. v. Windsor [ an enhanced version of this opinion is available to lexis.com subscribers ], there has been a lot of hand-wringing over what the decision actually means and its impact on our employment laws. Windsor held that DOMA’s...

National Guards Defy Pentagon Directive on Benefits for Same-Sex Couples

The day after the Pentagon announced that the military would recognize same-sex marriages performed in states where they are legal as a result of the U.S. Supreme Court's June ruling on the issue, the Louisiana and Texas National Guards said they would refuse to process applications for benefits...