Same-Sex Spouses—What Does This Mean for Employers?

Same-Sex Spouses—What Does This Mean for Employers?

On June 26, 2013, in United States v. Windsor, the United States Supreme Court found unconstitutional Section 3 of the Defense of Marriage Act (“DOMA”).  Section 3 of DOMA prohibited the federal government from acknowledging marriages between same-sex spouses. Following Windsor, the federal government may no longer distinguish between same-sex and opposite-sex marriages; however, Windsor does not require individual states to acknowledge same-sex marriage and states presently appear free to define marriage as they wish.  At the time of the Windsor ruling, twelve states and the District of Columbia recognized same-sex marriages.[1]  Because the definition of “spouse” and “marriage” impact a variety of human resource issues, including, FMLA obligations, COBRA continuation coverage, consents to beneficiary designations in 401(k) plans, and other employee benefit plan coverage issues, the Windsor ruling left many unanswered questions for employers. Continue reading “Same-Sex Spouses—What Does This Mean for Employers?”

California’s minimum wage expected to increase

On September 12, a bill that would increase California’s minimum wage passed the California Legislature and was sent to Governor Jerry Brown for his signature. Governor Brown has expressed support for the bill, stating, “This legislation is overdue and will help families that are struggling in this harsh economy.” Continue reading “California’s minimum wage expected to increase”

ACA Employee Notice

A reminder: one of the requirements of the Affordable Care Act (ACA) is that most employers must provide a notice to employees regarding the ACA by October 1, 2013. The notice must be sent to all employees, both full and part-time, either by first class mail or e-mail. However, there are specific rules on when e-mail communication may be used. The notice must be given to new hires within 14 days of hire. There are two notices, one for employers who provide health insurance and one for employers who do not provide health insurance.

The ACA is very complex, and beyond the scope of the “EAC Hotline”. If you have questions regarding your obligations you may contact your health care provider, insurance broker or your local attorney for information and guidance.

Provided by-Bruce MatlockAttorney at Law