Federal agencies responsible for employment-related matters have been busy in recent weeks issuing guidance, updated workplace posters, and more. Let’s get caught up...more
6/8/2023
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Biometric Information ,
Civil Rights Act ,
Department of Labor (DOL) ,
Enforcement Priorities ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
New Guidance ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Regulatory Oversight ,
Section 7 ,
Title VII
In the wake of the COVID pandemic and challenging social justice issues, many employers have pledged increasing support and wellness programs for employees dealing with mental health issues. One way employers can make good on...more
A common error in both FMLA policies and communications to employees seeking Family and Medical Leave Act (“FMLA”) leave involves misuse of the word “eligibility” (or “eligible”) when in fact the intention is to refer to...more
In addition to obtaining an initial medical certification when an employee first requests leave under the Family and Medical Leave Act (“FMLA”), employers are permitted to seek a “recertification” and even a “new”...more
Many employers are familiar with the employee notice obligations and other deadlines relating to FMLA leave, such as the obligation to give 30 days’ notice of a foreseeable need for leave, and to submit a completed medical...more
The United States Department of Labor (DOL) wrapped up 2020 by issuing COVID-related guidance under both the Family and Medical Leave Act (FMLA) and the Families First Coronavirus Response Act (FFCRA).
FMLA Guidance -...more
In August, we informed you of a decision by a federal district court in New York (the “Court”) that invalidated four key provisions of the federal Department of Labor’s (“DOL”) regulations interpreting the Families First...more
Last week, the Department of Labor (“DOL”) published guidance (Q&A #s 98-100) on the impact of various school reopening plans on employees’ entitlement to leave under the Families First Coronavirus Response Act (“FFCRA”). As...more
Employers’ efforts to comply with the Families First Coronavirus Response Act (“FFCRA”) were further complicated on Monday when the United States District Court for the Southern District of New York invalidated several key...more
With all of the attention being given to COVID-19-related leave under the Families First Coronavirus Response Act (“FFCRA”), we mustn’t forget the (traditional) Family and Medical Leave Act (“FMLA”). To remind us, the federal...more
On July 20, as part of a barrage of new guidance relating to the Families First Coronavirus Response Act (“FFCRA”), Family and Medical Leave Act (“FMLA”), and Fair Labor Standards Act (“FLSA”), the federal Department of Labor...more
First, the bad news: As if HR personnel who are responsible for managing leave requests aren’t already stretched thin due to COVID-19 issues, they now have another item for their to do list: Become familiar with, and begin...more
With school reopening plans currently a hot topic across the country, a natural corollary is: What do those plans mean for employee requests for leave to care for a child under the Families First Coronavirus Response Act...more
The federal Department of Labor (“DOL”) is closing in on 100 informal “questions and answers” (the “Q&A”) relating to the Families First Coronavirus Response Act (“FFCRA”), having issued Q&A #s 89-93. The new Q&A address...more
Although the federal Department of Labor (“DOL”) declared April 1 – 17 to be a temporary period of non-enforcement of the Families First Coronavirus Response Act (“FFCRA”), the DOL was far from idle during that period. To the...more
The Department of Labor (“DOL”) has released yet another set of updated and revised Questions and Answers (“Q&A”) regarding the Families First Coronavirus Response Act (“FFCRA”). This updated informal guidance comes just days...more
Over the past two weeks, the Department of Labor (“DOL”) has issued a variety of informal guidance regarding the Families First Coronavirus Response Act (“FFCRA”). The FFCRA became effective on April 1, 2020, and on that same...more
This weekend, the Department of Labor (“DOL”) released a revised and updated set of Questions and Answers (“Q&A”) regarding the Families First Coronavirus Response Act (“FFCRA”). As we’ve summarized in earlier posts, the...more
On March 26, 2020, the U.S. Department of Labor (“DOL”) released an updated set of Questions and Answers (“Q&A”) regarding the Families First Coronavirus Response Act (“FFCRA”). As we’ve summarized in earlier posts, the...more
On March 25, 2020, the Department of Labor (“DOL”) published model notices for federal and private employers regarding employees’ rights under the Families First Coronavirus Response Act (“FFCRA”). As we’ve summarized in...more
On March 24, 2020, the Department of Labor (“DOL”) released an initial set of Questions and Answers (“Q&A”) regarding the Families First Coronavirus Response Act (“FFCRA”). As we’ve summarized in earlier posts, the FFCRA was...more
It is not uncommon for employees to ask whether they can first use paid time off available under the employer’s leave policies and “save” their unpaid - and protected - Family and Medical Leave Act (FMLA) leave entitlement...more
In a word: Yes. In fact, there are many.
The most notable obligation under the Family and Medical Leave Act – the obligation to provide protected leave for a qualifying reason – does not apply until the employee has become...more
The U.S. Department of Labor (“DOL”) recently released two new opinion letters relating to the Family and Medical Leave Act (“FMLA”), which provides eligible employees the right to unpaid, job-protected leave for certain...more
By now, you’re likely aware (and if you’re not, you should be) that, in April, the U.S. Department of Labor (“DOL”)issued a new “Employee Rights Under The Family And Medical Leave Act” poster, to replace the prior poster on...more