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14 Nov 2013, 5:22 am by Amy Howe
Mulhall, in which the Justices are considering whether an agreement between an employer and a union to recognize the union as an exclusive bargaining representative without holding secret ballot-box elections runs afoul of federal laws that prohibit the two from exchanging “thing[s] of value. [read post]
30 Oct 2013, 12:59 pm by Dorsey
Technical Release 2013-04 provides that for the rules and regulations where the DOL has authority (e.g., Title I of ERISA, and certain provisions of the Internal Revenue Code, COBRA, and HIPAA, among others), the term “spouse” will refer to any individuals who are lawfully married under any state law and the term “marriage” will include a same-sex marriage that is legally recognized as a marriage under any state law. [read post]
27 Sep 2013, 4:57 am by Jon Hyman
— from Jeff Nowak’s FMLA Insights Law firms need not pay student interns for pro bono work — from Ross Runkel Report FMLA Certifications: What Do With an Incomplete or Insufficient Certification — from Employer Defense Law BlogLabor Relations NLRAA (the extra A stands for app) — from HR idiot “Minority Unionism” Targets Employee Rights — from LaborPains.org Authorization Cards are Awfully Tricky — from Matt Austin… [read post]
27 Sep 2013, 4:57 am by Jon Hyman
— from Jeff Nowak’s FMLA Insights Law firms need not pay student interns for pro bono work — from Ross Runkel Report FMLA Certifications: What Do With an Incomplete or Insufficient Certification — from Employer Defense Law BlogLabor Relations NLRAA (the extra A stands for app) — from HR idiot “Minority Unionism” Targets Employee Rights — from LaborPains.org Authorization Cards are Awfully Tricky — from Matt Austin… [read post]
26 Sep 2013, 8:50 am
You can find a more-detailed explanation in the DOL's Technical Release No. 2013-04, including the clarification that: The terms "spouse" and "marriage," however, do not include individuals in a formal relationship recognized by a state that is not denominated a marriage under state law, such as a domestic partnership or a civil union, regardless of whether the individuals who are in these relationships have the same rights and responsibilities as those individuals who are married… [read post]
24 Sep 2013, 5:23 am
You can find a more-detailed explanation in the DOL's Technical Release No. 2013-04, including the clarification that: The terms "spouse" and "marriage," however, do not include individuals in a formal relationship recognized by a state that is not denominated a marriage under state law, such as a domestic partnership or a civil union, regardless of whether the individuals who are in these relationships have the same rights and responsibilities as those individuals who are married… [read post]
21 Sep 2013, 7:32 pm by Howard Friedman
Similarly, the term "marriage" will be read to include a same-sex marriage that is legally recognized as a marriage under any state law....The terms "spouse" and "marriage," however, do not include individuals in a formal relationship recognized by a state that is not denominated a marriage under state law, such as a domestic partnership or a civil union, regardless of whether the individuals who are in these relationships have the same rights and responsibilities as those… [read post]
20 Sep 2013, 6:00 am by Jon Robinson
  Whereas the same-sex couple was married for state law, they were unmarried for federal law. [read post]
19 Sep 2013, 7:32 am by Joy Waltemath
“Spouse” and “marriage,” however, do not include individuals in a formal relationship recognized by a state but notdenominated a marriage under state law, such as a domestic partnership or a civil union, without regard to whether the individuals in these relationships have the same rights and responsibilities as married individuals under state law — regardless of whether the relationship is an opposite-sex or same-sex one. [read post]
18 Sep 2013, 8:04 pm by Dale Carpenter
  Three decades of experimentation with alternative family statuses like civil unions and domestic partnerships is coming to an end. [read post]
18 Sep 2013, 12:34 pm by Cynthia Marcotte Stamer
   Because states all have their own wage and hour laws, employers may face liability under either or both laws. [read post]
12 Sep 2013, 11:04 am by Cynthia Marcotte Stamer
Employer and union group health plan sponsors and insurers of group and individual health plans who have struggled to complete and send the new employer notice to employees required by Fair Labor Standards Act Section 18B by the October 1, 2013 deadline set by the U.S. [read post]
9 Sep 2013, 11:30 am by Cynthia Marcotte Stamer
Filed under: Employee Benefits, Employers, ERISA, Fiduciary Responsibility, Health Plans, Patient Protection and Affordable Care Act, Uncategorized, Wage & Hour Tagged: Affordable Care Act, Employee Benefits, ERISA, Exchange Notice, Health Plans, Model NOtices, Section 18B [read post]
2 Sep 2013, 9:01 pm by Joanna L. Grossman
  But it also appears to allow civil-union partners to claim such benefits because it defers to state inheritance law to determine eligibility (and all civil union laws allow partners to inherit as if they are married). [read post]
30 Aug 2013, 12:07 pm by Rich McHugh
The new ruling does not extend to registered domestic partnerships, civil unions or similar relationships that may be recognized under some state laws, and so persons involved in these relationship will not be granted status as spouses in recognized marriages under federal tax laws. [read post]
21 Aug 2013, 6:52 pm by Cynthia Marcotte Stamer
Employer and union group health plan sponsors and insurers of group and individual health plans (Health Plans) agonizing over 2014 plan design decisions are running out of time. [read post]
21 Aug 2013, 4:33 am by Kevin LaCroix
  As the law firm memo notes, the First Circuit’s decision “creates potential ERISA liability risk for private equity funds that engage in active management. [read post]