We have posted repeatedly about the Families First Coronavirus Response Act (“FFCRA”), 3/17, 3/19, 3/27, 4/6, 8/10 and 9/3, which was enacted on April 1, 2020 to provide certain employees with leave and benefits necessitated by COVID-19. Effective September 16, 2020, the United States Department of Labor (“DOL”) issued revised
DOL
More Confusion Regarding Families First Coronavirus Response Act (“FFCRA”): SDNY Issues Order Vacating Parts of DOL Final Regulation
On August 3, 2020, the Southern District of New York (Judge J. Paul Oetken) issued a decision vacating four (4) parts of the FFCRA but upholding the rest. This decision came out of a lawsuit filed by the State of New York in which the State challenged certain aspects of the FFCRA and the regulations…
U.S. Department of Labor Clarifies Small Business and Health Care Provider Exceptions to FFCRA
On April 6, 2020, the United States Department of Labor (DOL) published a set of regulations in the Federal Register implementing the paid sick leave and emergency family medical leave expansion provisions of the Families First Coronavirus Response Act (FFCRA). The regulations are effective through December 31, 2020.
As discussed in our previous blog posts,…
Department of Labor Proposes Increased Minimum Salary for Overtime-Exempt Status Under the FLSA
Last week, the U.S. Department of Labor (“DOL”) proposed an increase to the salary threshold required for executive, administrative and professional workers to qualify for overtime exemptions under the Fair Labor Standards Act (“FLSA”). Currently, the minimum annual salary figure required to qualify for such “white collar” exemptions is $23,660; that number is now expected…
Is Your Intern Really an Intern or an Employee – DOL Adopts the “Primary Beneficiary Test”
As the winter months bear down on us, many of us find our thoughts wistfully drifting to sun, sand, and all things summer. Summer months, however, also bring (for most employers) summer interns and one of the more befuddling employment issues: do I have to pay my summer intern? Stated another way: is my intern,…