The legal and social significance of the Supreme Court’s Windsor decision, striking down aspects of the Defense of Marriage Act (DOMA), is undeniable. The decision heightened rights awareness within the LGBT community about employee benefits and employment rights generally. As a result, employees with same-sex spouses expect employers to recognize and treat their spouse with all the same rights and benefits accorded to opposite-sex spouses. At the same time, employers struggle to keep up with rapidly changing laws and regulatory guidance that affect the way they draft and operate their benefit plans and employee policies. Employers who fail to take note of these changes face potentially negative employee and public relations, as well as costly and complex litigation over the denial of spousal rights and benefits and even retirement plan disqualification. Among the plans impacted by Windsor and subsequent guidance are retirement plans, medical plans, and flexible spending accounts.
This CLE program includes a faculty of in-house and outside counsel, as well as employees’ counsel, with employee benefits and employment law expertise. This interdisciplinary panel will discuss important employee benefits and employment issues flowing from the Windsor and needed changes to benefits packages and employment policies. A review of the impact on key employment policies (e.g., FMLA leave of absence policies) will also be addressed. The panel will help you answer these important questions and more:
What is the most current IRS, DOL, and other enforcement agency guidance regarding plans and their administration after Windsor?
Which employer plans and provisions have been most affected by Windsor?
What changes to rights and benefits should employees be aware of?
If an employer isn’t offering spousal benefits at all, is it now required to provide benefits for both same-sex and opposite sex couples?
How should employers and plan sponsors update their plan documents and administrative procedures?
What are the potential litigation hot buttons for plan sponsors?
discrimination & employer sponsored plans
potential retroactive liability
improper administration of beneficiary-related plan provisions and employee designations
case score card
If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.
West LegalEdcenter will not provide accreditation for states not listed.
This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing west.wlec-sales@thomson.com.
