Same-sex marriage and CFRA: New employer obligations
What recent changes have happened with same-sex marriage laws, and how do these affect employers and their obligations to employees under employment laws like FMLA/CFRA?
What recent changes have happened with same-sex marriage laws, and how do these affect employers and their obligations to employees under employment laws like FMLA/CFRA?
Over the summer, the Supreme Court decided in the landmark case of United States vs. Windsor that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, which now paves the way for same-sex couples to potentially enjoy many federal benefits that they weren't entitled to before. Let's take a closer look at DOMA, what the ruling did, and what questions remain.
This season, the network that originally brought you “COPS” is giving the oversaturated police-television show market a somewhat fresh take through its cop comedy called “Brooklyn Nine-Nine.” The show stars Andy Samberg as Det. Jake Peralta, a “talented, but carefree” (Fox’s words—not mine) detective dealing with his new hard-nosed, rule-following boss, played by Andre Braugher. […]
With the DOMA ban on same-sex marriage being ruled unconstitutional, what does this mean for healthcare benefits—will a same-sex marriage be recognized in the same way as other marriages, thus allowing the same-sex partner to receive spousal healthcare benefits paid for at the pre-tax rate? This is just one of the many questions employers are […]
With the DOMA ruling so recent in our minds, employers have more unanswered employee benefits questions than ever before. Is it now illegal to tax healthcare benefits for a same-sex spouse? How should multi-state employers react if the final ruling comes down that only same-sex couples who reside in a state that recognizes same-sex marriages […]
DOMA refers to the Defense of Marriage Act, which basically created a situation in which same-sex marriages were not recognized for any federal purpose. It all came about as a result of a 1993 ruling by the Supreme Court of Hawaii, which said that the state must show a compelling interest in prohibiting same-sex marriage. […]
In a startling move, the Obama administration delayed the employer mandate (for companies with 50 or more workers) to offer health insurance to workers or pay a penalty, until January 2015 (a one-year delay) while it reassesses employer reporting burdens and gives employers more time to arrange compliance with the health care reform statute and […]
Presented Tuesday, August 13, 2013 10:30 a.m. to Noon Pacific Order Option Price CD Recording & Materials $189 In one of the most anticipated decisions of the year, the U.S. Supreme Court ruled in June that Section III of the Defense of Marriage Act is unconstitutional, which paves the way for same-sex couples to potentially […]
As a result of the U.S. Supreme Court rulings on same-sex marriage, employers throughout the United States will have to adjust their benefits plans, policies and documents to accommodate employees’ same-sex spouses for purposes of federal law and regulations. California employers will need to do the same for purposes of state law. On June 26, […]
by Mark I. Schickman History will remember June 26’s U.S. Supreme Court decisions as the landmark cases supporting same-sex marriage, a coupling that will become commonplace in a decade or two. But these decisions and the affirmative action, Title VII of the Civil Rights Act of 1964, and voting rights cases that preceded them the […]