News & Analysis as of

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

Smith Gambrell Russell

Employer Liability in Interfering with FMLA Rights

The Seventh Circuit Court of Appeals recently issued an opinion clarifying when an employer may be held liable for interfering with its employees’ rights to take leave under the Family and Medical Leave Act of 1993 (“FMLA”)....more

Pullman & Comley - Labor, Employment and...

US DOL Issues New Enforcement Guidance on Electronic Workplace Posters and Telemedicine under the FMLA

The United States Department of Labor (DOL) recently issued two Field Assistance Bulletins in response to the COVID-19 pandemic. The first Bulletin provides guidance on when employers can satisfy certain federal workplace...more

Franczek P.C.

USDOL Gets Tech-Savvy in Approving Electronic Notice Posting and FMLA-Qualifying Telemedicine Visits

Franczek P.C. on

The U.S. Department of Labor’s (DOL) Wage and Hour Division was hard at work in the closing days of 2020, endorsing the use of electronic posting of required notices and telemedicine visits under the Family and Medical Leave...more

FordHarrison

Virtual Posters – New DOL Guidance on Federally-Mandated Notices in a Virtual Workplace

FordHarrison on

Recognizing that remote work is here to stay for many employers, the U.S. Department of Labor (DOL) recently issued guidance on how employers can use virtual means to distribute and maintain the various posters required by...more

Wiley Rein LLP

Paid Leave During COVID-19: Complying with a Moving Target

Wiley Rein LLP on

Paid leave for contractor employees has emerged as a moving target caught in the interplay between existing laws and new statutes and policies aimed at combating COVID-19. The new Families First Coronavirus Response Act...more

Miles & Stockbridge P.C.

DOL Publishes Proposed Rule Clarifying the Test to Determine Independent Contractor Status

On September 22, 2018 the Department of Labor ("DOL") issued proposed regulations explaining how to determine whether a worker should be classified as an employee covered under the Fair Labor Standards Act ("FLSA") or an...more

Robinson & Cole LLP

New FMLA Model Notices and Forms Issued by the U.S. DOL Reflect Significant Changes

Robinson & Cole LLP on

The U.S. Department of Labor (DOL) recently issued new model notices and certification forms (FMLA forms), which can be used by employers to administer the federal Family and Medical Leave Act (FMLA) and fulfill the FMLA...more

Epstein Becker & Green

DOL Reaffirms, Revises, and/or Clarifies the FFCRA Rule Provisions Invalidated by Federal Court

Epstein Becker & Green on

The U.S. Department of Labor (“DOL”) has responded to last month’s court decision striking down several significant provisions of its temporary rule (“Rule”) interpreting the paid sick and expanded family and medical leave...more

Husch Blackwell LLP

Amendments To FFCRA Regulations Effective September 16, 2020

Husch Blackwell LLP on

On September 11, 2020, the Wage and Hour Division of the Department of Labor (DOL) released unpublished revisions to portions of the Temporary Final Rule published on April 1, 2020, under the Families First Coronavirus...more

Ruder Ware

DOL Finally Issues New FFCRA Rule—Effective September 16!

Ruder Ware on

Late last week, the Department of Labor issued a revised rule to address a New York federal judge’s order from this past August that struck down several provisions of the FFCRA....more

Hogan Lovells

Department of Labor issues revised FFCRA regulations

Hogan Lovells on

On September 11, 2020, the Department of Labor (DOL) issued revised regulations under the Families First Coronavirus Response Act (FFCRA), which generally requires employers with fewer than 500 employees to provide paid sick...more

Ballard Spahr LLP

FFCRA Updates - September 2020 #2

Ballard Spahr LLP on

NOTE: On August 3, 2020, a New York federal court invalidated four provisions of the U.S. Department of Labor’s regulations related to the Families First Coronavirus Response Act (H.R. 6201) (FFCRA or Act). Our alert on this...more

Constangy, Brooks, Smith & Prophete, LLP

Revised FFCRA Regs Are Coming!

The draft is at the White House as we speak. Bloomberg Law reported this morning that revised regulations interpreting the Families First Coronavirus Response Act have been sent to the White House, "typically the last stop...more

Ballard Spahr LLP

FFCRA Updates - September 2020

Ballard Spahr LLP on

NOTE: On August 3, 2020, a New York federal court invalidated four provisions of the U.S. Department of Labor’s regulations related to the FFCRA. The four provisions vacated by the court are the “work availability”...more

McCarter & English, LLP

Wait – Could You Go Over That Again?? Federal Court Sows Confusion By Invalidating Some FFCRA Regulations

A federal judge in New York recently invalidated several parts of the U.S. Department of Labor’s (“USDOL”) regulations related to the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act,...more

McAfee & Taft

Court rules DOL overstepped, strikes portions of FFCRA regulations

McAfee & Taft on

On Monday, August 3, 2020, a New York federal judge struck down four components of the U.S. Department of Labor’s (DOL) regulations that implemented the emergency paid leave provisions of the Families First Coronavirus...more

Fisher Phillips

Back To Square One: Court Ruling Upends COVID-19 Leave Rules

Fisher Phillips on

In a surprising and significant ruling Monday, a New York federal judge tossed out several key Department of Labor rules regulating the Families First Coronavirus Response Act (FFCRA), meaning that more workers will be able...more

Cozen O'Connor

Employment Law Now IV-77- Breaking: Federal Judge Invalidates Portions of the DOL’s FFCRA Regulations

Cozen O'Connor on

Today’s new episode analyzes this morning’s federal court decision that invalidates four separate (significant) portions of the U.S. Department of Labor’s regulations implementing the Families First Coronavirus Response Act...more

Fisher Phillips

5 Most Likely FMLA Changes That Could Be On The Horizon, Per DOL Information Request

Fisher Phillips on

The Department of Labor just provided employers a sign that it might be open to altering the Family and Medical Leave Act regulations and guidance, perhaps resolving some of the more difficult aspects of the law that cause...more

FordHarrison

#10YearChallenge: How Much of a Difference Has a Decade Made in Employment Law?

FordHarrison on

Early in 2019, social media feeds, from Instagram to Twitter and Facebook, were filled with “10-Year Challenge” posts. To participate, users posted side-by-side pictures from 2009 and 2019, respectively, with...more

Littler

Fall Regulatory Agenda Indicates DOL Wage and Hour Division is Working on Seven Regulatory Priorities

Littler on

The U.S. Department of Labor issued its bi-annual regulatory agenda update on November 20, 2019.  Of the 63 items listed, the Wage & Hour Division (WHD) included seven regulatory priorities.  Only one of these is new: a...more

Franczek P.C.

There Is No Delay When It Comes to FMLA: Union Workers Cannot Delay FMLA Leave According to Recent DOL Opinion Letter

Franczek P.C. on

The Wage and Hour Division (WHD) of the U.S. Department of Labor has issued guidance that collectively-bargained leave policies cannot supersede the requirements of the Family and Medical Leave Act (FMLA), even if the...more

FordHarrison

Department of Labor Affirms that FMLA Runs Concurrently with Paid Leave

FordHarrison on

On September 10, 2019, the Department of Labor (DOL) released a Family and Medical Leave Act (FMLA) Opinion Letter, FMLA2019-3-A, reinforcing the DOL’s position set out in an earlier opinion letter that “an employer is...more

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