Updating our prior Families First Coronavirus Response Act (FFCRA) guidance, today the Department of Labor issued a model poster concerning FFCRA rights and responsibilities. The poster is accessible at: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf

The FFCRA requires covered employers post in a conspicuous place on its premises a notice of FFCRA requirements. For covered employers with remote work forces,

Yesterday, the Department of Labor issued preliminary guidance concerning the implementation of the Families First Coronavirus Response Act (the “FFCRA”), which was passed just six days ago.  The guidance provides some clarity on a few key issues:

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Last week, President Trump signed into law the Families First Coronavirus Response Act (“FFCRA”), which requires employers with fewer than 500 employees to provide employees expanded family and medical leave and paid sick leave benefits for Coronavirus-related reasons.  The FFCRA creates for certain private employers a refundable paid sick leave credit and paid child care leave credit that are intended to immediately and fully reimburse these employers, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees.

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For the first time in sixty years, the U.S Department of Labor is substantively revising the regulation that articulates when two people or businesses are “joint employers” of an employee under the Fair Labor Standards Act (FLSA).  The final version of Joint Employer Status under the FLSA will be published this Thursday, January 16, and is effective on March 16, 2020.  See 29 CFR Part 791.  The unpublished version is available here.  The revisions are meant to “reduce uncertainty over joint employer status, promote greater uniformity among court decisions, reduce litigation, and encourage innovation in the economy.”  Franchise chains, temp agencies, and businesses that outsource their workforces are among those that will benefit from the revised rule.

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The Department of Labor announced its return from winter vacation this week by issuing three new opinion letters.  Two of the letters address Fair Labor Standards Act (“FLSA”) payment calculation issues; the other deals with the applicability of the Family and Medical Leave Act (“FMLA”) to a special health district.

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To be exempt from state and federal overtime requirements, an employee must satisfy both a salary test and a duties test. In May 2016, we blogged about the Department of Labor’s issuance of a Final Rule modifying the so-called “white-collar” employee exemptions to overtime under the federal Fair Labor Standards Act (“FLSA”). The proposed Final Rule increased the minimum salary that must be paid to exempt employees from $455 per week ($23,660 per year) to approximately $913 per week ($47,476 per year), and provided for subsequent annual revisions/increases. The Final Rule did not make changes to the duties test, which still must be satisfied for the exemptions to apply. The Final Rule was supposed to be effective on December 1, 2016, but on November 22, 2016, a federal court in Texas issued a nationwide preliminary injunction blocking the Final Rule from taking effect. On September 6, 2017, that injunction was made permanent, and the minimum salary threshold under federal law will remain at $455 per week at least until new regulations are issued by the Trump administration’s Department of Labor.
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