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WEBINAR – November 5 – Healthcare Employers’ COVID-19 Update: A Practical Discussion of Recent Employment Law Developments Relating to COVID-19 (US)

As part of Squire Patton Boggs’ ongoing focus on COVID-19 pandemic challenges and opportunities, on November 5, 2020 at 2:00 p.m. Eastern, William J. Kishman and Laura Lawless of the firms’ Labor & Employment Practice Group will host an hour-long discussion aimed at healthcare employers that will focus on some of the key issues that are front … Continue Reading

Department of Labor Issues Updated Families First Coronavirus Response Act Regulations, But Does Little To Resolve Employer Uncertainty (US)

The Families First Coronavirus Response Act (FFCRA) was enacted on March 18, 2020. The sweeping federal legislation provides emergency paid sick leave (EPSL) and expanded paid Family and Medical Leave (EFML) to certain covered workers impacted by the COVID-19 pandemic. On April 1, 2020, the U.S. Department of Labor (DOL) issued regulations implementing the FFCRA … Continue Reading

School’s Out For….Ever?? Preparing for COVID-19-Related Attendance Challenges (US)

It seems like just yesterday that spring school terms were cancelled thanks to the coronavirus. Employees left the workplace en masse, sometimes without choice thanks to government shutdown orders, while others left suddenly to begin involuntary tours of duty as homeschool teachers with no training whatsoever, myself included. (My daughter’s strident request for a substitute … Continue Reading

Navigating Employee Return-to-Work Issues (US)

On Friday, May 15, 2020, Arizona’s “Stay Home, Stay Healthy, Stay Connected” order will expire. At that time, only a handful of states (Connecticut, Illinois, Massachusetts, and New Jersey) will still be under broad stay-at-home restrictions, but even those remaining states will begin the phased reopening process between May 15 and 30. As employers begin … Continue Reading

US Department of Labor Issues Additional Informal Guidance on Families First Coronavirus Response Act (US)

The Families First Coronavirus Response Act (FFCRA) has been in effect for nearly six weeks and, as practical challenges with interpreting and implementing the Act surface, the Department of Labor (DOL) continues to update its informal guidance in piecemeal fashion. On May 12, 2020, the DOL added five additional questions and answers to its FFCRA … Continue Reading

Employer’s Guide to Return-to-Work Issues: COVID-19 Public Health Emergency (US)

The coronavirus disease 2019 (COVID-19) public health emergency has changed life as we know it, including by severely disrupting business on a nationwide scale.  In some cases, employers have been forced to temporarily close their doors and cease operations, while others have had to make radical changes to the workplace in order to maintain operations. … 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

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

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

UPDATED: President Signs Sweeping Congressional Action In Response to Coronavirus (US)

On March 18, 2020, the U.S. Senate approved a bipartisan bill aimed at addressing the coronavirus. After rejecting two attempted amendments to the House bill, the “Families First Coronavirus Response Act” passed the Senate by a vote of 90-8. As we reported on March 17, the comprehensive emergency measure expands nutrition and food assistance, unemployment … Continue Reading

UPDATE (17 March 2020) – House Passes Emergency Coronavirus Response Act, Includes Federal Paid Sick Leave Requirement (US)

On Saturday, March 14, 2020, the US House of Representatives passed a version of HR 6201, referred to as the “Families First Coronavirus Response Act (Act).” The comprehensive emergency measure expanded nutrition and food assistance, unemployment insurance benefits, and protections for workers exposed to risks by the pandemic. Most notably for employers, HR 6201 included … 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

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

More DOL Letters Needed For Clarity On Enforcement Strategy (US)

Expanding on their previous post on the subject, on April 3, 2019, Law360 published the following article authored by Squire Patton Boggs labor and employment attorneys Laura Lawless Robertson and Melissa Legault. The U.S. Department of Labor recently issued a trio of opinion letters offering employers guidance in implementing the Family and Medical Leave Act and the Fair Labor … Continue Reading

DOL Opinion Letter Clarifies Employer Responsibilities Regarding FMLA Leave Designation (US)

On March 14, 2019, the U.S. Department of Labor (“DOL”), Wage and Hour Division, released an opinion letter, FMLA2019-1-A, stating that employers cannot delay the designation of FMLA-qualifying leave or designate more than 12 weeks of leave (or 26 weeks of military caregiver leave) as FMLA leave.… Continue Reading

U.S. Department of Labor Forms New Interagency Compliance Office

This week, U.S. Secretary of Labor Alexander Acosta announced that the Department of Labor (DOL), in collaboration with other federal employment agencies, was creating an Office of Compliance Initiatives (OCI). The DOL, through its various divisions, oversees compliance with and enforces the Fair Labor Standards Act, the Family and Medical Leave Act, the Occupational Safety and … Continue Reading
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