Employers need to examine policies, laws in light of SCOTUS same-sex marriage ruling

June 26, 2015 2 COMMENTS

The U.S. Supreme Court’s June 26 ruling in favor of same-sex marriage means employers across the country need to take a look at their policies as well as the effect the ruling has on various laws dealing with employment.Pride flag at city hall

The Court’s 5-4 ruling in Obergefell v. Hodges struck down prohibitions on gay marriage in states covered by the U.S. 6th Circuit Court of Appeals—Kentucky, Michigan, Ohio, and Tennessee. But it has the effect of legalizing same-sex marriage nationwide.

read more…

Texas judge puts FMLA rule’s new definition of spouse on hold

March 27, 2015 0 COMMENTS

For the time being, employers in states that don’t recognize same-sex marriage don’t have to comply with a new rule changing the definition of spouse under the Family and Medical Leave Act (FMLA). The rule was to take effect on March 27, but a federal district judge in Texas issued a temporary injunction on March 26 in response to a challenge from the attorneys general in Texas, Arkansas, Louisiana, and Nebraska.

District Judge Reed O’Connor ruled that the states making the challenge showed a likelihood that they would prevail and that they would be irreparably harmed if the rule were allowed to take effect. If the U.S. Department of Labor’s (DOL) rule is allowed to take effect, it will require employers covered by the FMLA to allow eligible employees to take leave under the Act to care for same-sex spouses.

read more…

Ruling goes against Nebraska’s same-sex marriage ban

March 03, 2015 0 COMMENTS

by Tammy Binford

In a ruling that wasn’t a surprise, a federal judge has ruled against Nebraska’s ban on same-sex marriage. But the fate of the state’s constitutional amendment prohibiting same-sex marriage awaits an appeal to the U.S. 8th Circuit Court of Appeals.

U.S. District Judge Joseph Bataillon issued the ruling on March 2. It is scheduled to take effect on March 9. Almost immediately after Bataillon’s ruling, the state appealed to the 8th Circuit, which is considered a conservative court, according to Mark Schorr, a senior partner at Erickson & Sederstrom, P.C. in Lincoln, Nebraska.

read more…

New rule extends FMLA rights to more employees in same-sex marriages

February 24, 2015 0 COMMENTS

More employees in same-sex marriages will be able to take leave under the federal Family and Medical Leave Act (FMLA) as a result of a new rule taking effect March 27. And while employers in states that recognize same-sex marriage already have been operating under a definition of spouse that includes legally married same-sex partners, employers in other states will need to change their practices.

The U.S. Department of Labor (DOL) issued a final rule that was published in the Federal Register on February 25 that revises the definition of spouse under the law so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member regardless of whether they live in a state that recognizes same-sex marriage, according to the DOL’s explanation of the new rule.

read more…

Get ready for Supreme Court ruling on same-sex marriage

January 20, 2015 1 COMMENTS

by Tammy Binford

Now that the U.S. Supreme Court has decided to take up the issue of same-sex marriage, employers are weighing the impact a ruling will have.

On January 16, the Court announced that it would consider four cases from each of the states in the U.S. 6th Circuit Court of Appeals—Michigan, Ohio, Kentucky, and Tennessee. On November 6, a three-judge panel of the 6th Circuit issued a decision that allowed state bans on same-sex marriage to stand. That decision was at odds with rulings from other circuit courts of appeal that had struck down similar bans.

After the 6th Circuit’s decision, many predicted that the split in decisions from different circuits would prompt the Supreme Court to take up the issue even though it declined to hear a same-sex marriage case before its term began in October. Now that it has decided to take up the issue after all, it is expected to hear arguments in April and issue a decision by the end of its term in June.

read more…

South Dakota same-sex marriage ban ruled unconstitutional

January 13, 2015 0 COMMENTS

by Jane Pfeifle

On Monday, a federal judge in Sioux Falls ruled that South Dakota’s constitutional and statutory prohibition on same-sex marriage violated the U.S. Constitution. Six same-sex couples filed a lawsuit against the governor, the attorney general, the secretary of the South Dakota Department of Health, and other public officials seeking to overturn the ban on gay marriage.

Judge Karen Schreier found that marriage is a fundamental right and that the law violated equal protection and due-process rights without sufficient justification. She postponed enforcement of her decision, however, to allow state officials to appeal to the U.S. 8th Circuit Court of Appeals, the federal appellate court that hears appeals from South Dakota.

read more…

Legal knots untied: Same-sex marriage soon to be lawful in Florida

December 29, 2014 0 COMMENTS

by Robert J. Sniffen and Jeff Slanker

Effective January 6, 2015, same-sex marriage will be lawful in Florida. On December 19, 2014, the U.S. Supreme Court declined to extend the postponement of a federal district court’s decision that Florida’s ban on same-sex marriage was unconstitutional.

The district court judge postponed his order until January 5, 2015, and Florida’s attorney general asked the Supreme Court for an extension. The U.S. 11th Circuit Court of Appeals also declined to extend the postponement, but an appeal is pending with the court. Florida is poised to become the 36th state to legally recognize same-sex marriage when the postponement expires on January 5.

read more…

New circuit ruling complicates same-sex marriage issue

November 07, 2014 0 COMMENTS

The issue of how employers should handle same-sex marriage got a bit murkier November 6 as a divided appeals court panel broke with rulings from four other U.S. circuit courts of appeals by upholding state bans on same-sex marriage.

A three-judge panel from the 6th U.S. Circuit Court of Appeals issued the 2-1 decision, which allows bans on same-sex marriage in four states to stand. The court’s decision—affecting Kentucky, Michigan, Ohio, and Tennessee—differs from other jurisdictions that have recently struck down similar state bans.

read more…

Employers should review policies on same-sex couples in wake of Supreme Court decision

October 07, 2014 0 COMMENTS

by Tammy Binford

With the U.S. Supreme Court deciding not to take up a case to settle the same-sex marriage issue on the national level, employers need to understand how the Court’s decision affects their policies.

As it opened its new term on October 6, the Supreme Court declined to review one of seven cases from five states up for consideration. The Court’s decision means that rulings from the U.S. Court of Appeals for the 4th, 7th, and 10th Circuits will stand. The rulings struck down state prohibitions on same-sex marriage.

read more…

Utah case puts same-sex marriage issue on track to go before Supreme Court

June 26, 2014 0 COMMENTS

Utah’s constitutional amendment banning same-sex marriage suffered another blow in a June 25 ruling from the U.S. 10th Circuit Court of Appeals, and that ruling makes it likely that the issue of same-sex marriage will go before the U.S. Supreme Court.

The 10th Circuit’s decision upheld a December 2013 federal district court ruling that struck down Utah’s ban. The lower court’s ruling was on hold during the state’s appeal to the 10th Circuit.

read more…

 Page 1 of 3  1  2  3 »