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U.S. Supreme Court Strikes Down Portion of DOMA as Unconstitutional: The Impact of the Decision on Employee Benefit Plans

By Kristine Feher on July 3, 2013
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On June 26th, the U.S. Supreme Court issued its ruling in United States v. Windsor. In a 5-4 decision, the Court concluded that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional as applied to lawful marriages. This decision has an extremely widespread impact, as it affects more than 1,000 federal statutes and related regulations, rulings and guidance. Among many other things, this ruling will affect employee benefit plans, the employers maintaining them and the individuals participating in them.

The GT Alert, prepared by attorney Ian Herbert and included in the link below, provides a brief background regarding DOMA, the potential impact of the Supreme Court’s ruling on employee benefit plans, unanswered questions and steps employers should take to prepare to ensure that their plans comply with applicable law in light of the ruling.

To view the GT Alert on www.gtlaw.com, please click here.

Photo of Kristine Feher Kristine Feher

Kristine J. Feher is an experienced employment litigator and trial attorney, whose practice focuses on representing employers and managers in employment discrimination and wrongful discharge cases arising under employment laws. In addition, she litigates wage payment and overtime compensation claims (including class actions)…

Kristine J. Feher is an experienced employment litigator and trial attorney, whose practice focuses on representing employers and managers in employment discrimination and wrongful discharge cases arising under employment laws. In addition, she litigates wage payment and overtime compensation claims (including class actions) under the Fair Labor Standards Act and state laws. She also has wide-ranging experience in defending claims of breach of contract, infliction of emotional distress, and many other employment-related claims; and counsels franchisors regarding employment issues, including avoiding joint employer status with franchisees.

Kris assists clients in a variety of labor and employment matters including conducting workplace training; drafting policies and handbooks; ensuring wage and hour compliance; advising on performance management, terminations, and reductions in force; and defending Equal Employment Opportunity Commission (EEOC) and state fair employment practice agency charges. Kris prides herself on offering advice that is both practical and consistent with the employer’s business goals and culture.

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  • Posted in:
    Employment & Labor
  • Organization:
    Greenberg Traurig, LLP

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