Tag: same-sex marriage

Texas Supreme Court balks at extending spousal benefits to same-sex couples

by Jacob Monty Monty & Ramirez, LLP The Texas Supreme Court ruled this week that the City of Houston’s extension of its employee benefits to married same-sex couples goes further than is required by the 2015 U.S. Supreme Court’s landmark decision in Obergefell v. Hodges, which declared same-sex marriage equal in all 50 states. The […]

Are rules for same-sex marriage about to change in Texas?

by Jacob M. Monty The Texas Supreme Court recently announced that it will review a case arguing that Texas employers shouldn’t be required to spend taxpayer funds to provide benefits to employee spouses in same-sex marriages, even if they do offer benefits to employee spouses in opposite-sex marriages. Depending on the outcome of the case, […]

COBRA

Appeals Court: Same-Sex Spouse Had No COBRA Notice Claim

by Gwen Cofield To have standing to sue an employer for a Consolidated Omnibus Budget Reconciliation Act (COBRA) notice violation, the individual alleging the violation must be either a participant or a beneficiary, as those terms are defined in Employee Retirement Income Security Act (ERISA). COBRA coverage is designed to continue, for a limited time, […]

Determining FMLA Eligibility: Impact of Supreme Court’s 2015 Same-Sex Marriage Decision

In the case of Family and Medical Leave Act (FMLA) leave to care for a family member, once the employer has determined whether an individual employee is eligible for FMLA leave, many times the next hurdle is determining if the family member is covered by the FMLA. This determination has become somewhat more complicated as […]

Same Sex Marriage Benefits Not So Simple

It’s been over 2 years since the U.S. Supreme Court effectively legalized same-sex marriage in the case of U.S. v. Windsor and a year since the Court’s decision in Obergefell v. Hodges, required states to issue marriage licenses for same-sex marriages and to recognize a same-sex marriage performed in another state. So, everything is resolved, right?

Same-Sex Marriage Is Established but Benefits Issues Persist

By Susan Schoenfeld, JD It’s been over 2 years since the U.S. Supreme Court effectively legalized same-sex marriage in the case of U.S. v. Windsor and a year since the Court’s decision in Obergefell v. Hodges, required states to issue marriage licenses for same-sex marriages and to recognize a same-sex marriage performed in another state. So, […]