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On December 1, 2016, Parker Hannifin Corporation and CLARCOR Inc. announced that the companies have entered into a definitive agreement under which Parker will acquire CLARCOR for approximately $4.3 billion in cash, including the assumption of net debt. The transaction has been unanimously approved by the board of directors of each company. Upon closing of the transaction, expected to be completed by or during the first quarter of Parker’s fiscal year 2018, CLARCOR will be combined with Parker’s Filtration Group to form a leading and diverse global filtration business. Bass, Berry & Sims has served CLARCOR as primary corporate and securities counsel for 10 years and served as lead counsel on this transaction. Read more here.

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Securities Law Exchange BlogSecurities Law Exchange blog offers insight on the latest legal and regulatory developments affecting publicly traded companies. It focuses on a wide variety of topics including regulation and reporting updates, public company advisory topics, IPO readiness and exchange updates including IPO announcements, M&A trends and deal news.

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Labor Talk Blog: DOL Issues Final Rule Revising the Definition of "Spouse" Under the FMLA

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February 25, 2015

As of March 27, "spouse" under the Family and Medical Leave Act (FMLA) will include same-sex spouses for any legally recognized marriages based on the laws of the state of celebration. On February 25, as expected, the Department of Labor (DOL) published its final rules on the definition of spouse under the FMLA in light of the Supreme Court's Windsor decision. Based on this final rule, the definition of spouse will be based upon the law of the jurisdiction where the marriage was entered into (place of celebration) rather than based on the law of the state of the employee's residence (or work) "to ensure that all legally married couples, whether opposite-sex or same-sex, will have consistent federal family leave rights regardless of where they live."

Employers will recall that the U.S. Supreme Court, in United States v. Windsor, ruled that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. Section 3 of DOMA had provided that, for federal law purposes, marriage was only the legally recognized union between one man and one woman. As a result of the Windsor ruling, as of June 26, 2013, the FMLA regulatory definition of spouse included a legally married same-sex spouse based on the law of the state of the employee's residence. If the same-sex couple resided in a state that recognized same-sex marriage and were legally married there, the spousal benefits under the FMLA would extend to the individuals in that marriage.

The DOL recently proposed to change the regulatory definition of spouse to mean the other person with whom an individual employee is entered into marriage, regardless of gender. The DOL further proposed to look to the law of the jurisdiction in which the marriage was entered into (including for common law marriages), as opposed to the law of the State in which the employee resides, and to expressly reference the inclusion of same-sex marriages in addition to common law marriages. After the required announcement and comment period, the DOL has now made its proposal final, to be effective as of March 27, 2015 (30 days after announcement of the rule change).

For more labor and employment information, visit www.BassBerryLaborTalk.com.


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