Department of Labor’s Wage and Hour Division Issues New Guidance Materials

Shook, Hardy & Bacon L.L.P.

Shook, Hardy & Bacon L.L.P.

The Department of Labor’s (DOL's) Wage and Hour Division has issued a new set of assistance materials to help employers navigate the evolving challenges facing businesses during COVID-19. These assistance materials come at a time when many businesses are beginning to set long-term adjustments to the virus, such as remote work policies, mask and safety guidelines and modified hours.

To correspond with adapting business practices, DOL’s assistance materials have a new focus on reasonable accommodations, remote work and temporary employees. The FAQs answer questions such as “When am I eligible for paid sick leave to care for someone who is self-quarantining?” (when a health care provider has advised self-quarantine) and “When am I able to telework under the [Families First Coronavirus Response Act (FFCRA)]?” (when the employer permits it).

The assistance materials include two new posters for federal and non-federal employees, which satisfy the notice requirement in the FFCRA.

The materials also include a clear and detailed walkthrough of how a covered employer should apply the “paid sick leave” and “paid expanded family and medical leave” offered by the FFCRA. This description puts the leave laws—whose tangled statutory provisions had left many employers reeling—in plain and simple terms.

DOL Materials

Fact Sheet for Employers

Fact Sheet for Employees

Questions and Answers

Guidance Poster for federal workers

Guidance Poster for all other employees

Questions and Answers about posting requirements

Quick Benefits Tips for FFCRA Paid Leave

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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