Court Enjoins DOL's Enforcement of FMLA Rule Redefining Spouse | Practical Law
In Texas, et al. v. United States, a federal judge in the Northern District of Texas granted a preliminary injunction sought by the states of Texas, Nebraska, Arkansas and Louisiana ordering a stay of the application of the US Department of Labor's (DOL) recently promulgated Final Rule redefining the term "spouse" under the Family and Medical Leave Act (FMLA). The Final Rule, which was set to take effect on March 27, 2015, redefined spouse to include legally married same-sex couples regardless of where they live within the ambit of FMLA protection. Same-sex marriage is not recognized in the four states that sought the preliminary injunction. The court held that the four states demonstrated a likelihood of success on the merits and met the other requirements for injunctive relief. It remains unclear whether and to what extent this decision applies to private employers or any employers beyond the immediate jurisdiction of the court, or how the DOL will respond to this decision.