The Department of Labor has released a new set of “Questions and Answers” for employers under the Families First Coronavirus Response Act.  The guidance supplements the temporary rule issued by DOL in April; final regulations are still forthcoming.
Continue Reading DOL Updates Guidance on Coronavirus Paid Leave Law, Addresses Business Reopenings

On April 10, the Department of Labor published corrections to its regulation on the Families First Coronavirus Response Act and fixed an internal inconsistency regarding concurrent use of employer-provided paid time off and paid expanded family medical leave under the Act.
Continue Reading Department of Labor’s Families First Corrections Fix Contradiction on Concurrent Leave

The Families First Coronavirus Response Act is set to take effect on April 1, 2020.  As we previously reported, the Act requires that employers with fewer than 500 employees provide two new forms of paid leave.  First, covered employers must provide up to 80 hours of emergency paid sick leave to employees who are unable to work because of certain COVID-19 related reasons.  Second, covered employers must provide up to 10 weeks of paid FMLA leave (in addition to the 80 hours of emergency paid sick leave) to eligible employees who are unable to work or telework because they need to care for a child whose school or daycare is closed due to the COVID-19 pandemic. 
Continue Reading US DOL Issues Additional Guidance Regarding Paid Leave Under Families First Coronavirus Response Act

The Department of Labor released posters that employers with fewer than 500 employees must use to meet the notice posting requirements of the Families First Coronavirus Response Act.

The DOL issued two posters, one for federal employers, available here and one for all other covered employers, available here.  The DOL also provided a questions and answers page regarding the notice posting requirement here.


Continue Reading Department of Labor Releases Coronavirus Leave Posters

The Department of Labor released guidance Tuesday regarding the implementation of the Families First Coronavirus Response Act, including details on how employers can determine whether they are covered by the Act.
Continue Reading DOL Explains 500-Employee Threshold, Provides Other Guidance on Coronavirus Response Act

The House amended its Coronavirus Response Bill late on March 16, 2020 and sent it on to the Senate.

Paid Sick Leave Changes

 The sick leave provisions of the bill remained largely intact, and would entitle employees of employers with fewer than 500 employees to take up to 80 hours of paid sick leave for coronavirus-related reasons, including required quarantining, caring for family members with the illness, or for emergency school closings.  To review our initial summary of the bill, which includes discussion of portions of the bill that were unaffected by the technical amendments, click here.  The amendments include a $511 daily cap for leave benefits for employees with their own personal coronavirus-related medical conditions, and a $200 cap for employees caring for others with such symptoms or for school closings.

Importantly, the sick leave amendments also allow the Secretary of Labor to grant exemptions to employers where the secretary determines that imposition of the paid sick leave requirements would “jeopardize the viability of the business as a going concern.”  It also allows healthcare and emergency response employers to apply for exemptions from the Secretary of Labor so that the law would not apply to their employees.


Continue Reading UPDATE: House Amends Coronavirus Response Bill

As the national response to COVID-19 intensifies, states and localities across the country have announced school closures.  Employers should review their state and local laws to determine whether such closings may trigger an employee’s right to take job-protected, or paid leave.
Continue Reading Emergency School Closures and Paid Sick Leave – What Employers Need to Know

Effective January 1, 2020, organ donors in California are entitled to an additional 30 business days of unpaid leave.  AB 1223 extends the maximum leave time available to employees who participate in an organ donation program.  This law applies to private employers with 15 or more employees. 
Continue Reading Giving Your Heart Away in the Golden State : California Extends Leave Time for Organ Donors

The U.S. District Court for the District of Columbia recently denied a motion to dismiss filed by Bravo! Facility Services, Inc. against a former employee who brought claims under the ADA, District of Columbia Human Rights Act, and the FMLA. Bravo! asserted that the plaintiff should be barred under the doctrine of judicial estoppel from asserting her claims because she initially failed to disclose her employment discrimination claims in her chapter 7 bankruptcy case filed after her employment terminated.
Continue Reading D.C. Court Rejects Judicial Estoppel Defense for Alleged Failure of Plaintiff to Schedule Employment Discrimination Claims in Bankruptcy Case