Laura Maechtlen and Colleen Regan Published in ABA Tips Newsletter
“Proposition 8 Overturned in California - What Does This Mean for Employers?”
Summer 2010

In the summer issue of ABA Tips, Laura Maechtlen and Colleen Regan take a look at the federal court decision invalidating California’s Proposition 8, which had amended the state constitution to allow for marriage only between a man and a woman, and discuss what implications the decision might have for California businesses.

The authors write that when same-sex weddings are allowed to proceed pending appeal of the decision, the impact on California employers will center on entitlements, including employee benefits that are granted to spouses in situations where the affected employees are not also registered domestic partners. The main issues, they write, will be whether an employer must offer benefits to employees with same sex spouses and other benefits that fall outside the scope of ERISA, including paid time off arrangements and uninsured short-term disability plans.