On Tuesday night, the Alabama Supreme Court ordered the state’s probate judges to stop issuing marriage licenses to same-sex couples. Last month, a U.S. federal judge in Alabama ordered an Alabama official to issue marriage licenses to same-sex couples, despite Alabama Chief Justice Roy Moore’s urging to probate judges to ignore the federal ruling. The Alabama Supreme Court’s latest order holds to the state’s legal definition of marriage as between a man and a woman and heightens the uncertainty surrounding the issue.

The Department of Labor (DOL) recently updated its regulations to make clear that the federal Family and Medical Leave Act (FMLA) applies to same-sex married couples. Private employers will have to offer FMLA rights and benefits to both heterosexual and same-sex married couples. In this interview with Colin O’Keefe of LXBN, I discuss how this shift in FMLA rights will affect employers and share recommendations for effective compliance with these regulatory changes.

Employers should monitor this hot-button issue, which is expected to reach resolution this summer, when the Supreme Court rules on the matter.