Shortly after the Department of Labor issued its FFCRA regulations, the state of New York filed a lawsuit challenging some of the provisions. Today (four months after the regulations went into effect, and just five months before the FFCRA is set to expire), the federal district court in New York struck down four provisions in
Extended School Closings Create Homework for Employers
You can hear the parents wailing across the country (almost like kindergartners on their first day of school), as states begin to announce their plans to keep physical schools closed or alternate between in-school and virtual classes for the upcoming year. The collective parent wail is outmatched only by that of their employers, who are
Summer Break Does Not Necessarily Mean A Break From FFCRA Leave Requirements
Its July. A time when in normal years, schools are closed and families are planning vacations. But in 2020, paid vacation is being replaced with paid leave under the Families First Coronavirus Response Act (“FFCRA”), leaving employers asking, can they still do that?!
For public employers and employers with less than 500 employees, the FFCRA
EEOC Opines on COVID-19 Testing by Employers
In the past few weeks, the EEOC has updated its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws on multiple occasions. The EEOC’s most recent update to this informal guidance provides an answer to the following question: “May an employer administer a COVID-19 test (a test
EEOC Answers Key Questions for Employers, Including Whether Employers Can Identify an Employee Diagnosed With COVID-19 to a Public Health Agency
Employers have been struggling with exactly what information they are permitted to disclose to a public health agency when an employee is diagnosed with COVID-19. The EEOC yesterday for the first time advised that, at least under the Americans with Disabilities Act, employers may disclose the employee’s name to the public health agency. However, employers
DOL’s FAQs Provide More Details About Small Employer Exception Under FFCRA
The Department of Labor has been hard at work issuing FAQs to try to explain the provisions of the Families First Coronavirus Response Act before it goes into effect on April 1, 2020. To see earlier reports on these FAQs, see our blog posts on March 24th, March 27th and March 28th.
The latest
EEOC Releases Recorded Webinar Addressing Important Questions
The EEOC published a recorded webinar on March 27. The EEOC uses a Q and A format to address 22 common questions from employers covering a broad range of topics including among other things, taking employees temperatures, appropriate and inappropriate disclosure of information related to an employee’s COVID-19 diagnosis, and managing employee accommodation requests including
Department of Labor’s Latest FAQs Expand “Health Care Providers” and Define “Emergency Responders” Under FFCRA
The Department of Labor has been hard at work issuing FAQs to try to explain the provisions of the Families First Coronavirus Response Act before it goes into effect on April 1, 2020. To see earlier reports on these FAQs, see our blog posts on March 24th and March 27th. The latest FAQs (we
Department of Labor’s Latest FAQs Expand “Health Care Providers” and Define “Emergency Responders” Under FFCRA
The Department of Labor has been hard at work issuing FAQs to try to explain the provisions of the Families First Coronavirus Response Act before it goes into effect on April 1, 2020. To see earlier reports on these FAQs, see our blog posts on March 24th and March 27th. The latest FAQs (we
DOL Publishes Additional FAQs, Making Clear That Employees on Furlough or Layoff Are Not Eligible for FFCRA Paid Sick Leave or Expanded FMLA
The Department of Labor issued additional FAQs on Thursday March 26. They now offer 37 FAQs on how the paid sick leave and expanded FMLA leave under the Families First Coronavirus Response Act will apply. The leave obligations begin April 1, 2020.
As more and more employers are required to shutdown due to state orders