LexisNexis® Legal Newsroom
When Employers Talk Politics

Should an employer take a stance on political issues? This is a complicated question. On one hand, consider the negative publicity Chick-Fil-A received when the franchisor confirmed that it opposed same-sex marriage . The ripple effects were far reaching. Franchisees, who had not voice a position, faced...

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...

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...

New Jersey Recognizes Same Sex Marriages - Why it Matters for Pennsylvania Employers

On Monday, New Jersey became the fourteenth state to allow same sex marriages .A trial court ordered that such marriages would begin on Monday. Governor Christie appealed to the state Supreme Court, but after a an adverse preliminary ruling he saw the writing on the wall. He withdrew his appeal. Why...

Changes Ahead for FMLA Spouse Definition

The Department of Labor (DOL) will soon publish a Notice of Proposed Rulemaking regarding the definition of "spouse" under the Family and Medical Leave Act (FMLA). The new rule will enlarge the definition of spouse and likely simplify administration for employers. In August 2013, the DOL issued...

Has the Recent Same-Sex Marriage "Decision" Paved the Way for Increased Protection Against Sexual-Orientation Discrimination in Employment?

A few days ago, SCOTUS (the Supreme Court of the United Sates) surprised us some by deciding not to hear appeals from several states that sought to prohibit same-sex marriage. However, the non-ruling has been hailed as a historical and momentous event changing an untold number of lives. What happened...

Will SCOTUS Review Same-Sex Marriage Now?

You may recall that in early October the U.S. Supreme Court declined to review decisions from U.S. Courts of Appeals for the Fourth, Seventh, and Tenth circuits* that struck down same-sex marriage bans. At that time, every federal appellate court facing the issue — in addition to these three...

Sixth Circuit Upholds Same-Sex Marriage Bans

Ladies and gentlemen . . . we have a circuit split. Several federal court decisions have struck down same-sex marriage bans in states across our country. Yesterday, the Sixth Circuit Court of Appeals upheld same-sex marriage prohibition as constitutional. You can read the opinion here [ an enhanced version...

Federal Judge Says All Florida Clerks Have Duty to Issue Same-Sex Marriage Licenses

So, it's official. On Tuesday, January 6 at 12:01 a.m., gay marriage is legal in Florida (absent some intervention by the 11th Circuit or the Supremes). While Greenberg Traurig had previously advised the clerks not to issue the licenses, after the ruling by Judge Hinkle ruled that all Florida clerks...

New Department of Labor Regulations for Same-Sex "Spouse" Under FMLA

Tomorrow, the Department of Labor will publish a Final Rule to Revise the Definition of “Spouse” Under the FMLA (including links to additional information). Per the DOL, the "major features" are: • The Department has moved from a “state of residence” rule...

Marriage Equality and the FMLA

The Supreme Court’s 2013 ruling in United States v. Windsor created a lot of uncertainty in the area of federal employment benefits. Because the federal government’s definition of marriage as being between one man and one woman was held to be unconstitutional, the decision left open the question...

FMLA’s “Same-Sex Spouse” Rule On Hold, For Now

Today, the new rule that would permit FMLA benefits for same-sex spouses was to take effect. However, late yesterday, a federal judge in Texas granted a preliminary injunction [pdf] temporarily halting the rule . The plaintiffs—the attorney generals of four states that do not recognize same...

What Does SCOTUS Same-Sex Marriage Decision Mean for Employers?

Maybe not that much, depending on where you are and how “proactive” you’ve already been before now. Seriously, I don’t think Friday’s Supreme Court decision in Obergefell v. Hodges will be that big a deal for most employers [subscribers can access an enhanced version...