Providing Developments & Insight on Trending Topics in Employment Law

Employment Law Spotlight

Home | Employment Law Spotlight

Providing Developments &amp; Insight on Trending Topics in Employment Law

<img class="alignright" src="https://employmentlawspotlight.bakerhostetlerblogs.com/wp-content/uploads/sites/18/2013/08/exclamation_bigstock-d-red-exclamation-mark-on-whi.jpg" alt="" width="97" height="98" />Critical employment policies and benefits can depend on whether an employee has a “spouse,” but just who is legally considered a “spouse” has evolved significantly.  Employers can no longer assume that “spouse” means a person of the opposite sex who is a husband or wife.  They need to consider state laws, which differ in their recognition of same-sex marriages.  For example, the Family and Medical Leave Act affords employees leave to care for a “spouse,” and now employers will need to look to state law to determine the scope of this term.    As reported in BakerHostetler’s Executive Alert "Deconstructing DOMA: The DOL Takes Its First Step Down the Path Toward Extended Rights for Same-Sex Spouses," the United States Department of Labor has already started to implement the Supreme Court’s landmark ruling striking down Section 3 of the Defense of Marriage Act, and this has important implications for employers.  In case you missed the Alert, we encourage you to read it <a href="http://www.bakerlaw.com/alerts/deconstructing-doma-the-dol-takes-its-first-step-down-the-path-toward-extended-rights-for-same-sex-spouses-8-15-2013/">here</a>.

ALERT! The DOL Takes Its First Step Toward Extending Rights for Same-Sex Spouses