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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

Department of Labor Issues Opinion Letter Clarifying Availability of Fluctuating Workweek Method of Calculating Overtime (US)

In the U.S., employees must be paid overtime compensation at a rate of one-and-one-half times their regular rate of pay for all hours worked in excess of forty (40) per workweek unless specifically exempted by law. For many employees, this means payment of a straight time hourly rate, and then payment of one-and-one-half times that … Continue Reading

Department of Labor Schools Parents On Leave Options During Virtual Learning (US)

We previously blogged on the myriad challenges faced by workers whose children are returning to school this fall: some online, some in-person, and some a combination of both. As we noted in our prior post, the Families First Coronavirus Response Act (FFCRA), which is effective through December 31, 2020, provides up to eighty (80) hours … Continue Reading

FLSA Compliance Update: Employers Must Exercise Reasonable Diligence In Tracking Hours Worked By Remote Workers (US)  

Due to the COVID-19 pandemic, many employers have implemented teleworking and other remote work arrangements for their employees. Because these employees are not physically present in the workplace, there has been some uncertainty surrounding what obligations employers have to under the Fair Labor Standards Act (“FLSA”) to monitor and track hours worked by non-exempt, hourly … Continue Reading

DOL Update: COVID-19-Related Guidance and New Opinion Letters (US)

During the week of June 22, 2020, the U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) issued three Field Assistance Bulletins, each providing guidance to WHD field staff regarding three unique compliance issues related to the COVID-19 pandemic. In addition, on June 25, 2020, the DOL released five fact-specific opinion letters discussing various … Continue Reading

Department of Labor Continues to Loosen Restrictions on Calculating Overtime (US)

In what Labor Secretary Eugene Scalia called a step in the US Department of Labor’s (DOL) goal of lessening “unnecessary regulatory burdens” on businesses, on May 20, 2020 the DOL released a final rule regarding the calculation of overtime for salaried non-exempt workers with fluctuating workweeks. The rule change may encourage payment of additional incentive … Continue Reading

Department of Labor Clarifies Retail and Service Establishment Exemption from Overtime (US)

The U.S. Department of Labor (DOL) has issued a new rule regarding the interpretation of Section 7(i) of the Fair Labor Standards Act, an overtime exemption applicable to employees of certain retail and service establishments who are paid in part via commissions. The statute provides that an employer shall not be deemed to have violated … Continue Reading

Belgium – new “Corona leave” reduces young parents’ suffering

In a previous blog, we mentioned in mildly critical tones that the Belgian government still hadn’t issued a regulation on a proposed special “Corona leave” for young parents struggling to balance (home)work and the care of their children. It could just be coincidence, obviously, but the very next day the government reached agreement on the … 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

U.S. Women’s National Soccer Team’s Equal Pay Act Claim Dismissed, But Other Gender-Based Claims Remain (US)

Our colleague Jacob Davis at Squire Patton Boggs’  Sports Shorts blog discussed the recent ruling in the Equal Pay Act and Title VII case brought by members of the U.S. women’s national soccer team against U.S. Soccer alleging that they were discriminated against by being paid less than their male counterparts.  On Friday, May 1, … 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

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

Reducing personnel costs in the Corona crisis: how Germany supports employers

Germany supports employers by facilitating the payment of short-time work benefits (“KUG”). KUG is a service provided by the Federal Employment Agency to safeguard jobs and avoid redundancies when employees are temporarily unable to be employed. The previous regulations in this regard have been considerably improved. The new regulation is limited in time and is … 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

Congress Passes Sweeping Employment Protection 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

Coronavirus Disease 2019 (COVID-19) – Legal Issues in the US

Although the coronavirus disease 2019 (COVID-19), commonly referred to as the “coronavirus,” remains a developing situation, it has begun affecting the US in major ways.  With cases now reported throughout the US, every organization should have a plan of action in place concerning the coronavirus.  Although every business faces unique considerations, a cross-disciplinary team of … Continue Reading

State Law Round Up: Philadelphia’s Salary History Ban Upheld and More! (US)

Philadelphia’s Salary History Ban Upheld On February 6, 2020, the U.S. Court of Appeals for the Third Circuit ruled in favor of the City of Philadelphia, upholding the constitutionality of the City’s Wage Equity Ordinance under the First Amendment. The City may now enforce the Ordinance and prohibit employers from asking applicants about their salary … Continue Reading
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