Tuesday, February 24, 2015

Department of Labor Announces Final Rule on Definition of Spouse under the FMLA



The Department of Labor (DOL) will publish a Final Rule this week revising the regulatory definition of “spouse” under the Family and Medical Leave Act of 1993 (FMLA).  The changes will allow eligible employees in same-sex marriages to take FMLA leave to care for their spouses or family members, regardless of where the employee resides.  The DOL issues the Final Rule in response to the Supreme Court’s June 2013 decision in U.S. v. Windsor, which held section 3 of The Defense of Marriage Act (DOMA) to be unconstitutional.  Prior to Windsor, the FMLA regulations defined the term “spouse” based on the marriage laws of the state where the employee resides.   Now, the regulations require employers to look to the laws of the state where the employee entered into the marriage.  According to the DOL, the revisions are intended to ensure that spouses in same-sex marriages have the same ability as all spouses to exercise their FMLA rights.

FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons, including certain military family leave provisions.  The effective date for the final rule is March 27, 2015.

Arizona is one of over 30 states that recognize same-sex marriage.  Employers covered under FMLA should review their employment policies to ensure they are in compliance with the new regulations.

The DOL’s announcement and the text of the Final Rule can be found here: http://www.dol.gov/whd/fmla/spouse/index.htm



Kami M. Hoskins is an Arizona native dedicated to creating and implementing effective resolutions to complex legal issues for a variety of clients. She focuses her practice on two primary areas: 1) Bankruptcy, Reorganization and Creditors’ Rights Law; and 2) Labor and Employment. Ms. Hoskins is also the Chair of Jennings, Strouss & Salmon’s Diversity Action Committee, and she helps lead the firm’s diversity and inclusion strategic initiatives.
 

 
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Please note that the materials contained within this client alert have been prepared by Jennings, Strouss & Salmon, P.L.C. for informational purposes only so that readers may learn more about recent developments in the law, as well as the firm, the services it provides, and information on its attorneys. These materials do not constitute, and should not be considered, legal advice, and you are urged to consult with an attorney on your own specific legal matters. Transmission of the information contained in the Jennings, Strouss & Salmon web site is not intended to create, and receipt by the reader does not constitute, an attorney-client relationship with Jennings, Strouss & Salmon or any of its individual attorneys. While we would certainly like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Please do not send us any information about a matter that may involve you until you receive written authorization to do so from one of our attorneys. Unless otherwise indicated in individual attorney biographies, attorneys resident in the firm's various offices are not certified by the Board of Legal Specialization or a similar body of any state. This client alert may contain hyperlinks to websites operated by parties' independent from Jennings, Strouss & Salmon. Such hyperlinks are provided for your reference only. Jennings, Strouss & Salmon does not control such websites, and is not responsible for their content. Jennings, Strouss & Salmon's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their content. Your access and use of such sites, including information, material, products, and services therein, shall be solely at your own risk. Further, because the privacy policy of this message is applicable only when you are viewing it, once linked to another website, you should read that site's privacy policy before disclosing any personal information. Jennings, Strouss & Salmon retains copyright of original content created in this client alert. If you wish to use information from this client alert, please contact clientservices@jsslaw.com for authorization.

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Monday, February 23, 2015

New Client Alert: Navigating the Advertising Minefield


February 23, 2015

Companies developing or marketing services or products need to be aware that the Federal Trade Commission (the “FTC”) and several state agencies have undertaken, and will continue to undertake, enforcement activity against companies making deceptive claims and misrepresenting the evidence used to support those claims

Read the full client alert here.


Tuesday, February 17, 2015

Jennings, Strouss & Salmon Expands Real Estate Law Department with the Addition of Thomas C. Arendt


http://www.jsslaw.com/professional_bios/Thomas_C_ArendtPHOENIX, Ariz. (February 17, 2015) – Jennings, Strouss & Salmon, a leading Phoenix-based law firm, is pleased to announce that Thomas C. Arendt has joined the firm as a Member in the Real Estate department.

“We are truly fortunate to add to the Real Estate group, an attorney with Tom Arendt’s level of expertise and breadth of experience,” stated Bruce May, Chair of the Real Estate department. “He is a welcome addition.”

Arendt is experienced in acquisition and development of real estate, leasing, and real estate workouts and foreclosures. His representation has included various ground-up developments, retail centers, as well as banks and lenders in deed of trust and mezzanine loan projects. Arendt’s representation also includes significant leasing work on unique projects such as ground leases and leases on tribal land.

“I am pleased to be part of a firm that has such a strong history and reputation,” said Arendt. “What truly sets Jennings, Strouss & Salmon apart is the focus it puts on making clients a first priority, which aligns perfectly with my practice.”

Arendt is a Certified Real Estate Specialist with the Arizona State Bar Board of Legal Specialization. He has been listed as a Southwest Super Lawyer for over seven consecutive years and has also been listed in Best Lawyers in America for Real Estate since 2002.

About Jennings, Strouss & Salmon, PLC
Jennings, Strouss & Salmon, PLC, has been providing legal counsel for over 70 years through its offices in Phoenix, Peoria, and Yuma, Arizona; and Washington, D.C. The firm's primary areas of practice include agribusiness; bankruptcy, reorganization and creditors’ rights; construction; corporate and securities; employee benefits and pensions; energy; family law and domestic relations; health care; intellectual property; labor and employment; legal ethics; litigation; professional liability defense; real estate; surety and fidelity; tax; and trust and estates. For additional information please visit www.jsslaw.com and follow us on LinkedIn, Facebook, and Twitter.

The firm’s affiliate, B3 Strategies, assists clients with lobbying and public policy strategy at the local, state, and federal levels. For more information please visit www.b3strategies.com.

~JSS~

Thursday, February 12, 2015

Jennings, Strouss & Salmon Elects Kami M. Hoskins as a New Member

Kami M. Hoskins
PHOENIX, Ariz. (February 12, 2015) – Jennings, Strouss & Salmon, a leading Phoenix-based law firm, is pleased to announce that Kami M. Hoskins has been elected Member (Partner) of the firm, effective January 1, 2015. 

“We are very happy to promote Kami to Member of the firm,” stated J. Scott Rhodes, Managing Attorney at Jennings, Strouss & Salmon. “Her legal skills and professionalism give us great confidence in her future as a member of our firm.”

Hoskins is an Arizona native dedicated to creating and implementing effective resolutions to complex legal issues for a variety of clients. She focuses her practice on bankruptcy, reorganization and creditors’ rights law, and labor and employment law. She is also the Chair of Jennings, Strouss & Salmon’s Diversity Action Committee, where she helps lead the firm’s diversity and inclusion strategic initiatives. 

About Jennings, Strouss & Salmon, PLC

Jennings, Strouss & Salmon, PLC, has been providing legal counsel for over 70 years through its offices in Phoenix, Peoria, and Yuma, Arizona; and Washington, D.C. The firm's primary areas of practice include agribusiness; bankruptcy, reorganization and creditors’ rights; construction; corporate and securities; employee benefits and pensions; energy; family law and domestic relations; health care; intellectual property; labor and employment; legal ethics; litigation; professional liability defense; real estate; surety and fidelity; tax; and trust and estates. For additional information please visit www.jsslaw.com and follow us on LinkedIn, Facebook and Twitter.

The firm’s affiliate, B3 Strategies, assists clients with lobbying and public policy strategy at the local, state, and federal levels. For more information please visit www.b3strategies.com.

~JSS~