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WEBINAR April 21 – US ESH Webinar Series – COVID-19: Safety and Health Law on the New Frontier (US)

While COVID-19 has turned everyone’s focus toward safety and health generally, it has forced US employers specifically to focus on the safety and health of their employees during an unprecedented time. Employers in the US have common law and statutory duties to ensure safe workplaces, but the COVID-19 pandemic has greatly disrupted many of the … Continue Reading

US Department of Labor Clarifies Employer Obligations to Record COVID-19 Cases (US)

On April 10, 2020, the US Department of Labor’s (“DOL”) Occupational Safety and Health Administration (“OSHA”) issued interim guidance on employers’ duties as they relate to recording cases of COVID-19. OSHA’s position—effective immediately and for the duration of the public health crisis—is that employers must report to OSHA any confirmed COVID-19 illness diagnosis (defined as … Continue Reading

Update on Federal Agency Activity – EEOC, NLRB, OSHA, and DOL – Amidst the COVID-19 Crisis (US)

The COVID-19 pandemic has had a major impact on all aspects of life for all Americans and we are all still adjusting to this new “normal,” which is anything but normal.  Federal administrative agencies and their employees of course have not been immune to the effects of the current crisis and they, like private sector … Continue Reading

REMINDER: Webinar on April 13 and Summary of Families First Coronavirus Response Act Analysis (US)

Throughout this past week, we have provided a comprehensive analysis of the various provisions of the federal Families First Coronavirus Response Act (FFCRA), the first ever federal law requiring the payment of paid sick leave and paid family leave for various COVID-19-related reasons.  These daily updates include consideration of employer and employee coverage; qualifying reasons … Continue Reading

SPB IN-DEPTH ANALYSIS – The Families First Coronavirus Response Act – Part Five of a Five-Part Series (US)

Previous installments of our series analyzing in detail the Families First Coronavirus Response Act (FFCRA) and the regulations interpreting that law issued by the US Department of Labor addressed the following issues: Part One – employee eligibility and employer coverage; Part Two – the coronavirus-specific circumstances why eligible employees may take paid leave; Part Three … Continue Reading

Update on Most Recent US DOL Guidance on Unemployment Provisions of CARES Act (US)

The US Department of Labor (DOL) has issued a number of publications offering guidance to the states for implementing certain federal unemployment insurance provisions contained in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), including the Pandemic Unemployment Assistance (PUA), Federal Pandemic Unemployment Compensation (FPUC), and Pandemic Emergency Unemployment Compensation (PEUC) programs.  As … Continue Reading

SPB IN-DEPTH ANALYSIS: The Families First Coronavirus Response Act – Part Four of a Five-Part Series (US)

The first three installments of our five-part series analyzing the US Department of Labor regulations interpreting the Families First Coronavirus Response Act (FFCRA) examined eligibility and coverage issues.  Part One looked at which employees are eligible to take, and which employers are required to provide, emergency paid sick leave and public health emergency paid family … Continue Reading

SPB IN-DEPTH ANALYSIS:  The Families First Coronavirus Response Act – Part Three of a Five-Part Series (US)

The first two installments of our five-part in-depth analysis of the emergency paid sick leave and public health emergency paid family leave provisions of the Families First Coronavirus Response Act (FFCRA) – see here and here – analyzed the statutory language and regulations governing employer coverage, employee eligibility, the circumstances under which employees can request … Continue Reading

SPB IN-DEPTH ANALYSIS:  The Families First Coronavirus Response Act – Part Two of a Five-Part Series (US)

In the first part of our in-depth analysis of the Families First Coronavirus Response Act (FFCRA) and its accompanying regulations, we addressed employer coverage and employee eligibility issues under the new law.   In the second installment of this series, we turn to looking at the coronavirus-specific reasons upon which an employee can obtain FFCRA leave, … Continue Reading

SPB IN-DEPTH ANALYSIS:  The Families First Coronavirus Response Act – Part One of a Five-Part Series (US)

During the second half of March 2020, the US Congress passed three landmark pieces of legislation addressing the COVID-19 (a/k/a novel coronavirus) pandemic.  One of these was the Families First Coronavirus Response Act (FFCRA).  Under this law, employers of fewer than 500 employees are required to provide eligible employees with up to 80 hours of … Continue Reading

US Department of Labor Publishes Regulations Clarifying Various Aspects of the Families First Coronavirus Response Act (US)

Some questions answered, many still remain On April 1, 2020, the U.S. Department of Labor (DOL) released new regulations (29 CFR Part 826), attempting to clarify certain provisions in the Families First Coronavirus Response Act (FFCRA).  As we previously reported here, under the Emergency Paid Sick Leave Act provision of the FFCRA, certain public employers and … Continue Reading

UPDATE: US Department of Labor Publishes Further Guidance Concerning Paid Sick Leave and Paid FMLA Leave under FFCRA; Finally Clarifies Small Business Exemption (US)

Since the Families First Coronavirus Response Act (FFCRA) became law last week (amazing how long ago that feels, right?), the US Department of Labor (DOL) has been publishing and updating guidance concerning the public health emergency paid sick leave and emergency Family and Medical Leave Act (FMLA) leave required under the law.  (See our prior … Continue Reading

US DOL Releases Additional Guidance Regarding Families First Coronavirus Response Act (FFCRA) Coverage, With Special Focus on Employers Facing Furloughs and Worksite Closures

On March 25, we reported that the US Department of Labor (DOL) had begun to release informal guidance regarding its interpretation of the Families First Coronavirus Response Act (FFCRA), which requires that certain employers, including, among others, private employers with fewer than 500  employees, provide paid sick and paid family leave in certain circumstances resulting … Continue Reading

US Department of Labor Releases Required Notice of Employee Rights Under the Families First Coronavirus Response Act (US)

  The US Department of Labor (DOL) released on March 25, 2020 the notice to employees required under Section 5103 of the Families First Coronavirus Response Act.  The Notice is available here. The DOL also published responses to frequently asked questions about the notice, including where the notice must be posted and how it must … Continue Reading

Regulations under Families First Coronavirus Response Act Not Anticipated Until April (US)         

As we previously blogged, last week Congress passed and the President signed into law the “Families First Coronavirus Response Act,” which contains sweeping provisions requiring employers with fewer than 500 employees to provide emergency paid sick leave and emergency leave under the Family and Medical Leave Act (FMLA) to employees impacted by in specific, enumerated … Continue Reading

Employers Can Take Advantage of Tax Credits Offsetting Emergency Leave-Related Expense Under Families First Coronavirus Response Act (US)

What a week it’s been.  As of today, March 21, it has been three days since Congress passed the Families First Coronavirus Response Act (FFCRA or the Act) and it was signed into law.  It’s also been three days during which employers have faced dwindling workforces due to employees who are self-quarantining due to exposure, … Continue Reading

OFCCP Exempts New Federal Contracts Entered Into to Provide COVID-19 Relief From Certain Equal Employment Opportunity Requirements (US)

On March 17, 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a temporary, three-month exemption from certain equal employment opportunity requirements for new supply and services and construction contracts “entered into specifically to provide Coronavirus relief.”  In the National Interest Exemption Memorandum (NIE Memorandum), the OFCCP provided modified equal … Continue Reading

WEBINAR 16 March 2020: Addressing Coronavirus Practically and Legally: What US Employers Need to Know

The coronavirus disease 2019 (COVID-19), commonly known as the “coronavirus,” is now impacting employers all across the US.  Every organization should have a plan of action in place concerning the coronavirus as the threat of an outbreak at your workplace cannot be ignored. Please join us for a live webinar on Monday, March 16, 2020 … Continue Reading

US Department Of Labor Issues Final Rule On Joint Employer Status Under The FLSA (US)

Rule establishes standard under which two employers will be deemed jointly and severally liable under the Fair Labor Standards Act as of March 16, 2020 In January 2016, we posted about an Administrator’s Interpretation issued by the US Department of Labor’s (DOL) then-Wage and Hour Division Administrator that provided guidance for when two or more … Continue Reading

Employers Can Expect a Trio of Joint Employer Rules in December 2019 (US)

In recent years, there has been increasing attention to the standard applied by regulators when determining when two unrelated business entities share sufficient control over a group of employees such that they may be considered “joint employers.” On November 20, 2019, the federal government released its Unified Agenda of Federal Regulatory and Deregulatory Actions – … Continue Reading

US District Courts Start Applying Kisor v. Wilkie; Is Auer Deference Now a “Paper Tiger”?

Our colleague Brent Owen at the FrESH Law Blog (which covers perspectives on Environmental, Safety, and Health law) recently provided an update to his prior post addressing the US Supreme Court’s then-pending decision in Kisor v. Wilkie.  In that case, decided in late June 2019, the Court addressed the Auer standard of deference that is applied by courts to administrative agencies’ interpretations … Continue Reading

DOL’s September Opinion Letters Address CBA and FMLA Conflicts and Retail and Service Overtime Exemption (US)

The United States Department of Labor’s (“DOL”) Wage and Hour Division issued two opinion letters on September 10, 2019, addressing certain aspects of the federal Family and Medical Leave Act (“FMLA”) and Fair Labor Standards Act (“FLSA”). DOL opinion letters are not binding law, but provide guidance into how the DOL interprets the laws that … Continue Reading

DOL Offers New Wage and Hour Compliance Advice (US)

On July 1, 2019, the U.S. Department of Labor (“DOL”) Wage and Hour Division issued a trio of fact-specific opinion letters offering employers guidance on various pay practices, specifically relating to calculating overtime pay as part of nondiscretionary bonuses, exemptions for paralegals, and rounding practices for calculating hours worked.… Continue Reading
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