COVID-19

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Shortly after the Department of Labor issued its FFCRA regulations, the state of New York filed a lawsuit challenging some of the provisions.  Today (four months after the regulations went into effect, and just five months before the FFCRA is set to expire), the federal district court in New York struck down four provisions in…

The U.S. Department of Labor (“DOL”) recently issued additional clarification on its FAQs and guidance regarding the FMLA and the FFCRA in the context of the COVID-19 pandemic.  Some highlights include:

Telemedicine Visits Are “In-Person” Visits with a Healthcare Provider under the FMLA

Telemedicine visits (those medical appointments that are conducted by remote video conference…

You can hear the parents wailing across the country (almost like kindergartners on their first day of school), as states begin to announce their plans to keep physical schools closed or alternate between in-school and virtual classes for the upcoming year. The collective parent wail is outmatched only by that of their employers, who are…

Colorado has enacted the Healthy Families and Workplaces Act (SB20-205) (HFWA) to require employers to provide employees with up to six days, or up to 48 hours, of earned paid sick leave.

Employers with at least 16 employees must begin providing earned paid sick leave on January 1, 2021. All employers, regardless of…

Its July. A time when in normal years, schools are closed and families are planning vacations. But in 2020, paid vacation is being replaced with paid leave under the Families First Coronavirus Response Act (“FFCRA”), leaving employers asking, can they still do that?!

For public employers and employers with less than 500 employees, the FFCRA…

The Seattle City Council has enacted the Paid Sick and Safe Time for Gig Workers Ordinance, which temporarily provides paid sick and safe time (PSST) to “gig workers” for online-based food delivery network companies and drivers of transportation network companies with 250 or more gig workers worldwide. The ordinance takes effect July 13, 2020, and…

Washington State Governor Jay Inslee has issued a new Proclamation that extends until 11:59 p.m. on August 1, 2020, the job protections in place for “high-risk” Washington employees. The job protections were to expire at 11:59 p.m. on June 12, 2020, under the previous Proclamation.

High-risk employees are (1) any individual 65 years or older,…

The Puerto Rico Senate has approved unanimously Senate Bill No. 1577 (SB 1577), which seeks to amend Section 9 of Puerto Rico Act No. 44 of July 2, 1985, known as the “Law Prohibiting Discrimination Against Disabled Persons,” to expand its protection and confer certain types of employees the right to a reasonable accommodation in…

Despite significant legal obstacles, on May 4, 2020, a group of plaintiffs filed a class action complaint alleging the Queens Adult Care Center (QACC) violated Title III of the Americans with Disabilities Act (Title III) and its precursor, Section 504 of Rehabilitation Act (Section 504), by failing to provide a level of care to safeguard…

Before the COVID-19 crisis, there were limited paid leave entitlements in California for employees requiring time off to deal with childcare and school closures. California Labor Code 230.8 required that employers of 25 or more employees working at the same location were required to provide employees with up to 40 hours of unpaid leave within…