Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Category Archives: Same-sex marriage

Subscribe to Same-sex marriage RSS Feed

President Obama’s labor and employment legacy

Posted in Affirmative Action, Discrimination, Elections, Equal Pay, Gender Identity Discrimination, HR, Labor Relations, Politics, Protected Concerted Activity, Same-sex marriage, Sexual Orientation, Social media, Wage-Hour
NOTE FROM ROBIN: A portion of Jill’s remarks below appeared Tuesday morning in Law360 (paid subscription required). Notwithstanding what might happen over the next four (or eight) years, there is no question that President Barack Obama has left his mark on labor and employment law in some very important ways. Even if President-Elect Trump’s administration… Continue Reading

Huh? Title VII and sexual orientation bias, revisited

Posted in Discrimination, ENDA, Gender Identity Discrimination, Same-sex marriage, Sexual Orientation
UPDATE (10/14/16): The Hively decision discussed below was issued by a three-judge panel of the Seventh Circuit. This week, the full Seventh Circuit set aside the decision and agreed to rehear the case with all of the judges participating. Here is a copy of the order.  The U.S. Court of Appeals for the Seventh Circuit… Continue Reading

This week in employment law, with a lick and a promise

Posted in Americans with Disabilities Act, Corporate Culture, Discrimination, Family and Medical Leave Act, Retaliation, Same-sex marriage, Social media, Telecommuting
It’s been a hectic week for me (I have a trial coming up), and so here are some links to employment law blog posts and workplace news items that I hope will entertain and edify. 5 Things Your Manager Doesn’t Want You to Know. By the great Evil HR Lady, Suzanne Lucas. (Just to whet your appetite,… Continue Reading

What does SCOTUS same-sex marriage decision mean for employers?

Posted in Same-sex marriage
Maybe not that much, depending on where you are and how “proactive” you’ve already been before now. Seriously, I don’t think Friday’s Supreme Court decision in Obergefell v. Hodges will be that big a deal for most employers. The Supreme Court already decided in 2013 that the federal definition of “spouse” included same-sex spouses (assuming the marriage was… Continue Reading

BREAKING: FMLA “spousal” rule on hold for now

Posted in Family and Medical Leave Act, Same-sex marriage
The new rule defining “spouse” for purposes of leave under the Family and Medical Leave Act was set to take effect today. But a federal judge in Texas yesterday temporarily blocked the rule from going into effect after attorneys general in several states that do not recognize same-sex marriage challenged it. The plaintiffs were the states… Continue Reading

EMPLOYMENT LAW BLOG CARNIVAL: April Fools’ Edition

Posted in Americans with Disabilities Act, Discrimination, eLaw, Employment Law Blog Carnival, ERISA, Family and Medical Leave Act, Gender Identity Discrimination, Labor Relations, Lactation, Protected Concerted Activity, Retaliation, Safety, Same-sex marriage, Social media, Wage-Hour
(St. Patrick’s Day is sooooo nine hours ago!) Ever looking to the future, we celebrate the coming April Fools’ Day with this month’s greatest employment law blog posts. Some of my summaries are accurate, and others are “fools’ editions” – you’ll have to read the actual posts to know which is which. There are so many excellent posts… Continue Reading

New FMLA rule will give rights to same-sex spouses based on “place of celebration”

Posted in Family and Medical Leave Act, Same-sex marriage
The U.S. Department of Labor announced today its Final Rule changing the definition of “spouse” in the Family and Medical Leave Act to include most same-sex married couples. I blogged about the proposed rule in June, and the Final Rule is the same for the most part. The changes reflect (and expand upon) last year’s Supreme Court decision… Continue Reading

Will SCOTUS review same-sex marriage now?

Posted in Same-sex marriage
You may recall that in early October the U.S. Supreme Court declined to review decisions from U.S. Courts of Appeals for the Fourth, Seventh, and Tenth circuits* that struck down same-sex marriage bans. At that time, every federal appellate court facing the issue — in addition to these three, the Ninth Circuit — had found… Continue Reading