News & Analysis as of

Employees Department of Labor (DOL) Family and Medical Leave Act (FMLA)

Littler

Littler Lightbulb: August Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Pullman & Comley - Labor, Employment and...

More Than a Remote Possibility: Why Your Remote Out of State Employees May Be Entitled to Federal FMLA Leave

In our post-COVID world, it is common for employers to hire fully remote employees who work out of state. One of the challenges many employers face in this remote-work world is how to address complicated HR issues such as...more

Epstein Becker & Green

Understanding the DOL’s Field Assistance Bulletin No. 2024-1: AI and Automated Systems in the Workplace

Epstein Becker & Green on

In response to President Biden’s Executive Order 14110 calling for a coordinated U.S. government approach to ensuring the responsible and safe development and use of AI, the U.S. Department of Labor Wage and Hour Division...more

Bradley Arant Boult Cummings LLP

Out with the Old? Not So Fast! A Quick Review of 2023 Highlights

2023 has brought many updates and changes to the legal landscape. Our blog posts have covered many of them, but you may not remember (or care to remember) them. Before moving on to 2024, let’s take a moment to review our top...more

ArentFox Schiff

EEOC and US Department of Labor's Wage and Hour Division Partner to Enhance Enforcement

ArentFox Schiff on

Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more

Steptoe & Johnson PLLC

DOL Says Holiday Weeks Could Be a Potential FMLA Land Mine

Steptoe & Johnson PLLC on

For many, Labor Day weekend represents the last bastion of summer. It also ushers in a season of holidays, celebrations, and shortened workweeks throughout fall and winter. However, employers that deal with the year-round...more

Perkins Coie

US Department of Labor Clarifies Calculation of FMLA Leave on Holiday Weeks

Perkins Coie on

The U.S. Department of Labor issued an opinion letter on May 30, 2023, clarifying how employers should calculate Family and Medical Leave Act (FMLA) leave taken by employees “during a week that includes a holiday.” The letter...more

Polsinelli

Department of Labor Issues Guidance on FMLA Leave during a Week with A Holiday

Polsinelli on

Just in time for the summer holidays, the United States Department of Labor (“DOL”) recently issued an opinion letter providing guidance regarding calculating the amount of leave used when an employee takes federal Family and...more

Bradley Arant Boult Cummings LLP

Holiday Road! DOL Weighs in on Tracking FMLA Time Against Holidays

Tracking intermittent FMLA time — it’s every HR professional’s favorite thing to do. Do you come up with a total number of hours per employee or just count portions of the workweek? What do you do if an employee takes...more

Arnall Golden Gregory LLP

U.S. Department of Labor Issues Guidance on Remote Workers

In its first Field Assistance Bulletin of the year, the U.S. Department of Labor (“DOL”) offered new guidance regarding the application of certain key federal employment laws — the Fair Labor Standards Act (“FLSA”) and the...more

Bradley Arant Boult Cummings LLP

DOL Guidance Provides “FAB”ulous Insight as to How the Agency Will Apply the Protections under the FLSA and FMLA to Remote Workers

The United States Department of Labor recently issued Field Assistance Bulletin No. 2023-1 (FAB), which provides guidance to agency officials on a number of telework issues. The FAB addresses (1) paying workers who telework...more

Sheppard Mullin Richter & Hampton LLP

What Employers Need to Know in a Post-Dobbs Landscape

On June 24, 2022, in Dobbs v. Jackson Women’s Health Organization, the United States Supreme Court overturned both Roe v. Wade and Planned Parenthood v. Casey and held the access to abortion is not a right protected by the...more

Steptoe & Johnson PLLC

DOL Provides Guidance on FMLA Leave for Mental Health Conditions

Steptoe & Johnson PLLC on

We’ve all heard about the Family and Medical Leave Act (FMLA) when it comes to expectant mothers or for recovery from serious physical health conditions such as heart attacks or surgeries. But more nuanced is the application...more

Nelson Mullins Riley & Scarborough LLP

U.S. Department of Labor Issues Guidance on FMLA Use for Mental Health Conditions

The U.S. Department of Labor published “Fact Sheet #280: Mental Health Conditions and the FMLA” in May 2022, to explain leave eligibility under the Family and Medical Leave Act (FMLA) for use related to an employee’s own...more

Foley & Lardner LLP

US Department of Labor to Hire 100 New Investigators in the Wage and Hour Division, Signaling Increased Focus on Enforcement

Foley & Lardner LLP on

The U.S. Department of Labor (DOL) recently announced its intention to hire 100 new investigators in its Wage and Hour Division. Currently at is lowest staffing levels in over a decade, the division oversees the enforcement...more

Verrill

Identifying Plan Assets in ERISA Health & Welfare Plans

Verrill on

Last month, we advised readers of this blog to consider efforts to formalize the fiduciary governance of their health and welfare benefit plans. In that post, we described some of the reasons that employers have historically...more

Bradley Arant Boult Cummings LLP

The Doctor Will See You Now via Telemedicine and It May Qualify as Treatment under the FMLA

As you already know, COVID-19 changed almost everything, and some of those things are likely here to stay (or at least for a while longer). One widespread change is the use of videoconferencing, including in the medical...more

Dickinson Wright

The Department of Labor Cements Telehealth Visits for FMLA Purposes as the New Normal

Dickinson Wright on

Given the huge uptick in telemedicine as a result of the COVID-19 pandemic, the Department of Labor (DOL) issued guidance (Field Assistance Bulletin No. 2020-8) that makes it clear to employers that an employee’s telehealth...more

Brooks Pierce

Mandatory COVID Leave Expires, but Tax Credits for Providing COVID Leave are Extended

Brooks Pierce on

Starting Jan. 1, 2021, employers subject to the Families First Coronavirus Response Act (FFCRA) are no longer required to provide employees with COVID-related paid leave, but they may do so in some situations and still...more

Schwabe, Williamson & Wyatt PC

Congress Makes Additional Paid Family Leave and Paid Sick Leave Optional

The dust has now settled on the new stimulus bill signed by President Trump on December 27, 2020. The changes to the Family First Coronavirus Recovery Act (“FFCRA”) was buried in over 5000 pages of text and provides a choice...more

Sheppard Mullin Richter & Hampton LLP

DOL Revises FFCRA Regulations in Light of New York Federal Court Decision

As we previously reported, on August 3, 2020 the U.S. District Court for the Southern District of New York (the “District Court”) struck down four provisions of the Department of Labor’s (“DOL”) regulations interpreting...more

Steptoe & Johnson PLLC

Department of Labor (Somewhat) Revises Regs for Employee Leave Under FFCRA

Steptoe & Johnson PLLC on

On August 3, 2020, a federal judge in New York City surprised many by striking down a few provisions of regulations published by the United States Department of Labor (DOL) in the early days of the pandemic. After President...more

Buckingham, Doolittle & Burroughs, LLC

Regulations Related to Families First Coronovirus Response Act (FFCRA) Revised by DOL

On September 11, 2020, the U.S. Department of Labor (“DOL”) revised the regulations related to the Families First Coronavirus Response Act (“FFCRA”). The new regulations are a response by DOL to a U.S. District Court’s...more

Zelle  LLP

Focus on the FMLA – Part I

Zelle LLP on

This post is the first of two about the Family and Medical Leave Act (FMLA)—and more specifically, about aspects of the FMLA that may be less familiar and seem to be sticking points for employers’ compliance efforts....more

Miller & Martin PLLC

Are You Covered by the DOL's New Final Rule Regarding Paid Sick Leave for the Employees of Federal Contractors?

Miller & Martin PLLC on

The DOL issued the Final Rule this week regarding President Obama's Executive Order 13706, which requires some federal contractors to provide up to 7 days of paid sick leave to all of their employees starting January 1, 2017....more

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