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Showing 4 posts in FFCRA.

Hinshaw's 12 Days of California Labor & Employment Series – Day 10: COVID-19 Supplemental Paid Sick Leave Expanded to All Employers

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this tenth day of the holidays, my labor and employment attorney gave to me: ten lords a-leaping and AB 1867.

AB 1867 fills a void that was left by the Families First Coronavirus Response Act (FFCRA) regarding paid sick leave. The FFCRA was enacted to provide federal paid sick leave and expanded family leave due to the pandemic, but it only applied to employers with less than 500 employees. In response, California enacted a supplemental COVID-19 paid sick leave law through AB 1867. Applicable to businesses with 500 or more employees nationally, AB 1867 in essence guarantees that any employee—regardless of the size of the employer—will receive paid sick leave if needed due to COVID-19. More ›

DOL Temporary Rule Clarifies Paid Leave Under Families First Coronavirus Response Act

The U.S. Department of Labor issued a Temporary Rule on September 11, 2020, which revises regulations concerning paid sick leave and expanded family medical leave under the Families First Coronavirus Response Act (FFCRA). The rule, which goes into effect on September 16, 2020, was issued in response to the U.S. District Court for the Southern District of New York's decision in State of New York v. Department of Labor on August 3, 2020, which struck down portions of the FFCRA regulations. More ›

Federal Court in New York Strikes Down Key Provisions of DOL's FFCRA Final Rule

In State of New York v. United States Department of Labor, the Southern District of New York struck down several key aspects of the Department of Labor's (DOL) Final Rule implementing the provisions of Families First Coronavirus Response Act (FFCRA). Brought by the State of New York, this suit challenged several features of the DOL's Final Rule as exceeding the DOL's authority. The DOL cross-filed for summary judgment and moved to dismiss for lack of standing. More ›

Employers Beware: Terminating an Employee with COVID-19 May Violate Several Federal Statutes

Throughout the COVID-19 pandemic, the issue of whether an employer may lawfully terminate an employee who has contracted COVID-19 has continued to arise. Terminating an employee because they have contracted COVID-19 carries significant legal risk. Some employers might consider the decision to terminate an employee a safety measure meant to protect employees and customers from coming into contact with someone who has had the illness. But doing so may run afoul of several federal statutes, including the Families First Coronavirus Response Act (FFCRA), as well as the Family and Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA). More ›