UPDATE: Withdrawal of DOL Guidance on Compensability of Time Spent Undergoing COVID-19 Health Screenings, Testing, and Vaccinations

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The U.S. Department of Labor (DOL) on January 24, 2022 removed, without explanation, from its website Fact Sheet #84 addressing the compensability of time spent undergoing COVID-19 health screenings, testing, and vaccinations under the Fair Labor Standards Act (FLSA). Presumably, the DOL reconsidered its guidance following the U.S. Supreme Court’s decision to stay the OSHA Vaccination and Testing Emergency Temporary Standard (ETS). This action by the DOL reflects the shifting nature of positions taken by government agencies addressing COVID-19 issues and litigation developments. 

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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