A joint federal-state program financed by employer taxes, unemployment compensation provides temporary payments to workers who lose their jobs for reasons other than misconduct. If you have recently become unemployed, talk to an informed employment law attorney to learn your state's requirements for claiming unemployment benefits and what to do if your claim is challenged.
For Information on Wages, Benefits and the Law, Contact a California Attorney
If your employer has denied you wages that you rightfully earned, failed to pay you at prevailing wages for construction labor, denied your right to meal and rest breaks, terminated you in violation of state or federal employment laws, or misclassified your position to avoid paying benefits, you are encouraged to talk to a lawyer. Keegan & Baker, LLP, has helped recover tens of millions of dollars on behalf of employees throughout Southern California. We welcome your call or e-mail.
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Keegan & Baker, LLP, is an employment law firm serving clients throughout Southern California, including San Diego and Orange County restaurant workers, construction workers, sales personnel and office workers.
The information presented on this Web page is not intended to take the place of personalized legal advice. Contact a California lawyer at Keegan & Baker, LLP, to schedule a consultation and discuss employer violations and potential claims and lawsuits.
Domestic-Partner Benefits
Increasingly employers are offering to their unmarried employees in domestic partnerships the same or similar benefits as those provided to married couples. Usually the employer's offer of domestic-partner benefits is voluntary, but sometimes these benefits are required by law. An experienced employment law attorney at Keegan & Baker, LLP in San Diego, California, can answer your questions about domestic-partner benefits.
Evolution
In 1982 a New York newspaper was the first US employer to offer same-sex domestic-partner benefits. Today a majority of large US corporations offer domestic-partner benefits, usually to both opposite-sex and same-sex unmarried couples, but occasionally to one type or the other.
Many employers offer domestic-partner benefits to remain competitive or to attract a diverse workforce, while others are motivated by fairness and good will. Sometimes domestic-partner benefits are legally required.
Laws across the country affecting domestic partners vary greatly. Some states in the West Coast and Northeast regions recognize civil unions or have strong domestic-partnership laws. Some local governments across the country have established domestic-partner registries, sometimes for both opposite-sex and same-sex couples.
The state of California and some local governments across the country have enacted equal-benefits laws requiring government contractors to provide domestic-partner benefit coverage equal to marital coverage as a condition of obtaining certain types of contracts. California also requires with some exception that insurance policies offer the same benefits to domestic partners as they do to spouses. By contrast, the Georgia Insurance Commissioner only allows insurance companies to offer domestic-partner coverage to couples who have entered into ceremonial or common-law marriages as defined by Georgia law.
The interaction and impact of such diverse laws create myriad complex legal questions for employees and employers surrounding benefits for domestic partners. The counsel of a knowledgeable employment lawyer can be essential.
What Is a Domestic Partnership?
A domestic partnership is usually understood to be a couple comprised of two unrelated, unmarried, committed adults in the same household who are interdependent emotionally and financially. An employer offering domestic-partner benefits may require proof of the relationship, such as evidence of a civil union or domestic-partner registration or joint financial records, contracts or leases. Employers often require a waiting period to add a domestic partner to a benefit program and an employee may have to sign a sworn statement.
Covered Benefits
Many domestic-partner benefit plans offer only minimal, low-cost benefits such as funeral leave, family leave, relocation expenses, use of employer facilities and inclusion in company functions. Of greater importance to employees is medical or dental insurance. Historically some employers have been hesitant to extend more expensive benefits to domestic partners, but it has become clear over time that the cost of adding domestic-partner coverage to a health-insurance plan is usually negligible.
Tax Consequences
Domestic-partner benefits are taxed differently than married-couple benefits. No tax consequence follows for the family when an employer provides health insurance for the employee's spouse and legal dependents. However, an employee whose partner receives domestic-partner benefits must include the cost of those benefits as taxable income unless the partner meets the Internal Revenue Service (IRS) definition of a legal dependent or qualifies as a spouse under state law.
Conclusion
As employment benefits are extended to domestic partners of employees more frequently, the related legal issues will continue to change and evolve. A skilled employee benefit attorney at Keegan & Baker, LLP in San Diego, California, will be able to give you current advice on domestic-partner benefit plans.
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