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EEOC Ruling on Sexual Orientation Impacts Same-Sex Spouse and Domestic Partner Benefits

In our July 2, 2015 blog, Obergefell v. Hodges – Same-Sex Marriage Now Legal in All 50 States, we indicated that employers may need to offer same-sex spouse health and welfare benefits and rethink domestic partner benefits in order to avoid discrimination claims.  Shortly after posting that blog, the Equal Employment Opportunity Commission (the “EEOC”) […]

NC

Obergefell v. Hodges – Same-Sex Marriage Now Legal in All 50 States

In 2013, the Supreme Court, in United States v. Windsor, struck down Section 3 of the Defense of Marriage Act (“DOMA”) which defined marriage, for Federal purposes, as between one man and one woman. The Windsor ruling resulted in numerous Federal benefits for same-sex couples who were legally married in a jurisdiction that performed same-sex […]

KH
Former Associate

State of Celebration Standard Now in Effect for FMLA

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 place where a marriage was performed, which is known as the “state of celebration” standard.  The […]

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KH
Former Associate

FMLA to Apply to All Employees in Same-Sex Marriages

When the U.S. Supreme Court declared DOMA unconstitutional in United States v. Windsor, many federal benefits that were previously denied to individuals in same-sex marriages became available to those individuals.  However, job-protected leave under the Family and Medical Leave Act (“FMLA”) was not one of them. Generally, an employee is able to take 12 weeks […]

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KH
Former Associate

Complying with the Windsor Decision: Mid-Year Amendment for Safe-Harbor 401(k) Plans

Previously, the IRS issued guidance on what employers need to do in order to comply with the United States v. Windsor decision. The guidance insturcts employers on how and when to amend a qualified retirement plan if its current terms regarding marriage and the definition of spouse are inconsistent with Windsor.  In short, the employer must adopt an […]

KH
Former Associate

Amendments Required by End of Year to Reflect Windsor Same-Sex Marriage Case

I gave a presentation last week at the Western Pension & Benefits Conference Phoenix Chapter Spring Conference entitled “Ding Dong DOMA’s Dead – The Supreme Court’s Same-Sex Marriage Ruling and Its Impact on Employee Benefit Plans.”  Upon finishing my presentation, I realized my last few slides are a good checklist. On April 4th, the IRS […]

NC

Employers Need More Same-Sex Marriage Guidance

Last summer, the Supreme Court determined that the Defense of Marriage Act (“DOMA”) was unconstitutional.  The Supreme Court’s ruling in United States v. Windsor had the effect of extending many employee benefits to same-sex spouses.  Employee benefit plans were significantly impacted by the ruling, and, as a result, the IRS and the Department of Labor […]

KH
Former Associate