For the last several weeks, the Department of Labor has periodically updated its Families First Coronavirus Response Act: (FFCRA) “Questions and Answers” page by illustrating real-world applications of the FFCRA.  We covered previous updates on March 31, 2020 and March 25, 2020.  The most recent updates – questions 80-88 – illustrate common issues in computing employee hour and pay entitlements under the FFCRA, among others.

Continue Reading Department of Labor Updates Families First Coronavirus Response Act Q&A Guidance on Calculating Leave Entitlements

The Families First Coronavirus Relief Act’s (“FFCRA”) swift enactment left employers scrambling to interpret its provisions.  Fortunately, the Department of Labor has issued temporary regulations that resolve many common questions and scenarios.  Final regulations are expected on April 6th.

The FFCRA provides two types of paid leave: the Emergency Paid Sick Leave Act (“EPSLA”) and Emergency Family and Medical Leave Expansion Act (“EFMLEA”).  You can read about the basic provisions of FFCRA here.  This post summarizes some critical issues concerning FFCRA implementation.


Continue Reading DOL Issues Temporary Regulations Detailing FFCRA Paid Leave Rules

The federal Department of Labor (DOL) continues to update its Families First Coronavirus Response Act (FFCRA) FAQ leading up to the April 1, 2020 implementation. Over the past week, the DOL has supplemented the FFCRA FAQ several times to provide guidance and clarifications concerning lingering questions. Some of the recent clarifications we find helpful are below.

Continue Reading Department of Labor Continues to Update FAQ Concerning Families First Coronavirus Response Act

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,

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.

Continue Reading IRS and DOL Preview How Employers Can Recoup Costs of Providing Paid Leave to Employees for Coronavirus-Related Absences

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.

Continue Reading U.S. Department of Labor Issues New Joint Employer Rule Applicable to Wage and Hour Violations under the Fair Labor Standards Act

On September 24, 2019, the U.S. Department of Labor (DOL) issued its final overtime rule as it relates to the minimum salary threshold for exempt employees. The DOL estimates that 1.3 million workers will be eligible for overtime pay as a result of its final rule.  Here is how the new rule will impact workers in Connecticut, Massachusetts and New York.
Continue Reading Update: DOL Issues Final Rule On Minimum Salary Threshold for Exempt Employees: The Impact in Connecticut, Massachusetts, and New York