The Families First Coronavirus Relief Act ("FFCRA") that mandated two weeks of paid sick leave for COVID-19 reasons – and extended the FMLA by protecting leave relating to the need for child care because of COVID-19 – expired...more
The Families First Coronavirus Relief Act ("FFCRA") was passed by Congress this spring to mandate two weeks of paid sick leave for COVID-19 reasons and to extend the FMLA by creating a new reason for FMLA leave relating to...more
As President-elect Joe Biden begins to transition into the Oval Office, employers cannot help but look ahead to what the next four years may hold. Although a Biden administration may be limited in what it wants to do because...more
Last month, we discussed a decision out of the Southern District of New York ("SDNY") that invalidated parts of the DOL’s temporary rule that interpreted provisions of the FFCRA, the federal law that created both paid sick...more
9/14/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Health Care Providers ,
Intermittent Leave ,
Paid Leave ,
Required Documentation ,
Sick Leave ,
Wage and Hour ,
Work Availability Requirement
The Editors' Note -
Welcome to this edition of SuperVision, the e-newsletter for Spilman Thomas & Battle's Labor & Employment Law Group. 2020 continues to bring unforeseen challenges, but employers are beginning to get back...more
9/5/2020
/ Appeals ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Rule ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Harassment ,
Lack of Authority ,
New Guidance ,
NLRA ,
NLRB ,
Notice of Right to Sue ,
Paid Leave ,
Protected Activity ,
Quarantine ,
Remote Learning ,
Section 7 ,
State OSHA Laws ,
Traveling Employee ,
Virginia ,
Workplace Safety
In response to a lawsuit filed by the State of New York, a judge in the Southern District of New York considered and invalidated parts of the Department of Labor's (“DOL”) Final Rule implementing the Families First...more
8/10/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Draft Implementation Regulations ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
Intermittent Leave ,
Lack of Authority ,
Mandatory Requirements ,
New York ,
Paid Leave ,
Required Documentation ,
Reversal ,
Small Business ,
State and Local Government
Even in more traditional times, summer posed staffing issues for most employers, as employers juggled employee vacation requests while working to maintain a functional workplace. Of course, the COVID-19 pandemic resulted in...more
6/30/2020
/ Child Care ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
Quarantine ,
Summer Camps ,
Traveling Employee ,
Vacation Leave ,
Virus Testing
In our first piece in this returning to work series, we examined the logistical issues associated with returning employees to work. In this latest segment, we will address the legal considerations underpinning the...more
5/1/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Confidential Information ,
Coronavirus/COVID-19 ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Interactive Process ,
Medical Leave ,
New Guidance ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Return-to-Work Agreements ,
Sick Employees ,
Sick Leave ,
Social Distancing ,
Undue Hardship ,
Workplace Safety
Spilman's COVID-19 Task Force and Health Care Practice Group have developed this e-newsletter to address important issues affecting health care providers and others operating in the health care industry during the COVID-19...more
The Families First Coronavirus Response Act and state enactments on unemployment, business closures, and mandatory shelter at-home orders have impacted business of all sizes. Businesses are looking for practical advice to...more
UPDATED - We have updated several items as clarifications have been made. We will continue to update as more frequently asked questions are posed.
When Congress passed the Families First Coronavirus Response Act ("CRA"),...more
4/2/2020
/ Child Care ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EPSLA ,
Exemptions ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
IRS ,
Paid Leave ,
Small Business ,
Tax Credits ,
Tax Relief
As part of Spilman's and our COVID-19 Task Force's continuing effort to partner with you during this public health emergency, we’ve been monitoring Congress’ work on the Families First Coronavirus Response Act ("Act"). This...more
3/19/2020
/ Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Free Health-Related Services ,
New Legislation ,
Public Health Emergency ,
Sick Leave ,
Sick Pay ,
State of Emergency ,
Unemployment Benefits ,
Virus Testing