On July 30, 2019, California Governor Gavin Newsom signed SB 30 into law, changing existing law to permit opposite-sex couples under the age of 62 years old to register as domestic partners. Those who enter into domestic partnerships have the same rights, protections, and benefits as spouses under California law, including the right, if otherwise
spouse
Administering FMLA Leave in the Wake of Windsor
By Jackson Lewis P.C. on
Posted in FMLA
The Supreme Court’s decision in U.S. v. Windsor adds to employer obligations under the FMLA by expanding the group of individuals who may be a “spouse” for FMLA purposes. At issue in Windsor was whether Section 3 of DOMA violated the Fifth Amendment’s Equal Protection Clause as applied to the Federal Government. Section 3 of…
DOMA Case Broadens FMLA Definition of “Spouse”….At Least to Some Extent
By Jackson Lewis P.C. on
Posted in FMLA
The Supreme Court’s Defense of Marriage Act decision expands employer obligations under the FMLA, at least in the states that recognize same-sex marriages. The Court held that Section 3 of DOMA, which states that the meaning of “spouse” in any federal law or regulation “refers only to a person of the opposite sex who is…