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McBrayer Blogs

Showing 2 posts in Defense of Marriage Act (“DOMA”).

DOL Proposes New Meaning for “Spouse” for FMLA Purposes

On June 20, the Department of Labor (“DOL”) proposed regulations to amend the Family and Medical Leave Act’s (“FMLA”) definition of “spouse.” Current FMLA regulations define a spouse as “a husband or wife defined or recognized under State law for purposes of marriage in the state where the employee resides, including common law marriage in States where it is recognized.” (emphasis added). The DOL is proposing to move from a “state of residence” rule to a rule based on the “place of celebration” (i.e., where the marriage was entered into). The proposed definition specifically includes same-sex marriages and reads as follows: More >

Employee Benefits in the Wake of Windsor

On June 26, 2013, the U.S. Supreme Court, in United States v. Windsor, declared unconstitutional Section 3 of the federal Defense of Marriage Act (“DOMA”), which had prohibited the federal government from acknowledging marriages between same-sex couples. At the time of the ruling, same-sex marriages were recognized in 12 states and the District of Columbia. The decision does not require states to recognize same-sex marriages; Kentucky is among the states that do not. However, that does not mean that Kentuckians, specifically Kentucky employers, are insulated from the effects of this decision. More >

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