Proposed DOL rule redefines FMLA's definition of "spouse"

On June 20, 2014, the DOL released a press release announcing a proposed rule that will extend the definition of "spouse" under the FMLA.  The proposed rule extends protections of the FMLA to all eligible employees in legal same-sex marriages regardless of where they live.  The DOL is proposing this rule in light of the 2013 decision in United States v. Windsor.  In this case, the United States struck down a section of DOMA, which limited the definition of "marriage" to opposite-sex unions, and "spouse" to individuals of the opposite sex.

Currently, the FMLA defines "spouse" by looking at the laws of the employee's state of residence.  The proposed FMLA rule is moving from look at the employee's state of residence to looking at where the employee was married - or the "place of celebration."  The proposed rule would allow an eligible employee in a same-sex marriage to take FMLA to take care of his or her spouse leave regardless of the state that he or she resided in, as long as the "place of celebration" recognized the marriage as legal.

The DOL proposes to redefine "spouse" as follows:

• Spouse, as defined in the statute, means a husband or wife. For purposes of this definition, husband or wife refers to the other person with whom an individual entered into marriage as defined or recognized under State law for purposes of marriage in the State in which the marriage was entered into or, in the case of a marriage entered into outside of any State, if the marriage is valid in the place where entered into and could have been entered into in at least one State. This definition includes an individual in a same-sex or common law marriage that either (1) was entered into in a State that recognizes such marriages, or (2) if entered into outside of any State, is valid in the place where entered into and could have been entered into in at least one State.

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Obama plans to sign executive order extending LGBT protections

Obama plans to sign an executive order prohibiting federal contractors from discriminating against employees on the basis of their sexual orientation.

Currently, there is no federal law that prohibits workplace discrimination on the basis of sexual orientation or gender identity.  While Obama cannot extend this protection to all Americans, he can take unilateral action that impacts federal contractors.

Obama's plan to sign the executive order was welcomed by those in the LGBT community.  This may be the first step in ending discrimination in both the private and public sector when it comes to discrimination based on sexual orientation.


If you have a question regarding your employment rights, please contact Ambuter Law for your free case evaluation.

Seattle raises minimum wage: What does this mean for the economy?

On June 2, 2014, Seattle passed an ordinance that raised the city's minimum wage to $15.00/hr, which makes it the highest in the nation.  Washington state's minimum wage is $9.32/hr.

The new ordinance, which takes effect on April 1, 2015, includes a phase-in of the wage increase over several years, with a slower process for small businesses.  For companies with more than 500 employees, the ordinance allows a phase-in process over at least three years.  Those companies that provide health insurance will be allowed at least four years to phase-in the increase.  Smaller businesses will be given seven years.

While many believe this will pave the way for other cities to raise their minimum wage and provide a livable wage, others argue that it will cost more jobs.  Many smaller businesses in the area state that with they won't be able to stay in business with the increase in minimum wage. 

States such as Minnesota, California, Maryland, and Connecticut have also passed laws to increase the minimum wage in the upcoming years.  Only time will tell whether it proves to be beneficial.


If you have a question regarding your employment rights, contact Ambuter Law for a free case evaluation.

Federal agency axes employee rating system

The Independent Consumer Financial Protection Bureau is scrapping its employee rating system in response to concerns that it was discriminatory.

The rating system ranked employees on a scale of one thru five.  Due to concerns with the system, everyone who ranked a three or above is automatically being given a score of five, along with retroactive pay raises associated with the top score rating.  These raises will most likely cost $5 million.

Moving forward, the bureau is planning on using a two-tiered rating system for at least two years while the old system is re-evaluated.  These changes are coming about after American Banker found that minority employees were more likely to receive lower evaluations than their white counterparts.

However, what this means is that the performers who slacked off or didn't perform at a level of five, are now being rewarded the same as top performers.  Many are seeing this as a slap to the face for those who actually worked hard and deserved to be compensated as top performers. 



If you have a question or concerns regarding your rights in the workplace, please contact Ambuter Law for your free case evaluation.