News & Analysis as of

Department of Labor (DOL) Paid Leave Employee Rights

Littler

DOL Brings Back Payroll Audit Independent Determination (PAID) Program

Littler on

The U.S. Department of Labor (DOL) announced on July 24, 2025, the return of its Payroll Audit Independent Determination (PAID) program. The program was initially launched in April 2018 to facilitate early resolution of Fair...more

Steptoe & Johnson PLLC

The Intersection of FMLA and State Leave Policies: What Employers Need to Know to Ensure Compliance

Steptoe & Johnson PLLC on

Earlier this year, the U.S. Department of Labor (DOL) issued an opinion letter that addressed the Family and Medical Leave Act’s (FMLA) provision regarding the “substitution” of accrued paid leave and its application to state...more

Jackson Lewis P.C.

Nebraska’s New Sick Leave Law Explained

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On June 4, 2025, Nebraska Governor Jim Pillen signed LB415, which amends the Nebraska Healthy Workplaces and Families Act (“HWFA”). Initially passed via ballot initiative in November 2024, the HWFA mandates paid sick leave...more

Offit Kurman

Weddings, Honeymoons, and Milestones: Employer Guidance for Time Off Requests

Offit Kurman on

For HR leaders and business owners alike, the question is not whether employees will request time off for major life events, but when and how your organization will respond. Weddings, honeymoons, and personal milestones do...more

Cozen O'Connor

Broad Street Brief: City Council Passes POWER Act, Mobile Service Provider Regulations

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City Council Passes POWER Act, Mobile Service Provider Regulations -During Thursday’s meeting, the City Council passed the POWER Act—which empowers Philadelphia’s Department of Labor to enforce existing worker protection laws...more

Kerr Russell

Understanding ESTA: Key Provisions For Employers

Kerr Russell on

On February 21, 2025, the Michigan Legislature passed, and Governor Whitmer subsequently signed into law, an amendment to the Earned Sick Time Act (ESTA). The new law significantly modifies administrative and financial...more

Morgan Lewis

New York State 2024 Employment Law Legislative Developments

Morgan Lewis on

New York enacted a number of laws and rules in 2024 that will impact New York employers in 2025—many of which, including New York’s Paid Prenatal Leave Law, certain wage and hour developments, and changes to New York Paid...more

Vedder Price

DOL Clarifies that Leave Taken Under State Paid Family Leave Programs May Run Concurrently with FMLA Leave

Vedder Price on

On January 14, 2025, the U.S. Department of Labor (DOL) issued an opinion letter (FMLA2025-01-A) clarifying when an employer may count an employee’s leave taken under a state paid family leave program against that employee’s...more

Jackson Lewis P.C.

The DOL Issues New Guidance On The Relationship Between The FMLA and State Paid Family Medical Leave Programs

Jackson Lewis P.C. on

Employers face a complicated patchwork of state, local and federal laws governing time off for family and medical reasons. The intersection of these often-overlapping laws creates numerous issues including how to handle time...more

Lippes Mathias LLP

Understanding New York State's Paid Prenatal Leave Mandate

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Paid Prenatal Leave is defined as, “leave taken for the health care services received by an employee during their pregnancy or related to such pregnancy, including physical examinations, medical procedures, monitoring and...more

ArentFox Schiff

Navigating New DOL Opinion Letters: Implications for Tip Pooling and Coordinating Paid Family Leave Benefits With FMLA Leave

ArentFox Schiff on

On January 14, the US Department of Labor’s (DOL) Wage and Hour Division (WHD) published two opinion letters, FLSA2025-1, which addresses tip pooling under the Fair Labor Standards Act (FLSA), and FMLA2025-1-A, which provides...more

Husch Blackwell LLP

Paid Sick Leave for Nebraskans Required in 2025

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In the November 2024 election, Nebraska voters passed Initiative 436, also known as the Nebraska Healthy Families and Workplace Act. This law mandates paid sick leave for most employees in the state and takes effect October...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Maryland’s FAMLI Program, Part I: An Overview of The Law

In 2022, the Maryland General Assembly overrode Governor Larry Hogan’s veto to enact the law that created the Family and Medical Leave Insurance (FAMLI) program. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Clarifies That FMLA Paid Leave Substitution Rules Apply When Employees Receive State or Local Paid Leave Benefits

As more states implement paid family leave programs, employers increasingly are faced with questions about how these state programs interact with Family Medical Leave Act of 1993 (FMLA) regulations. A recent opinion letter...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York City Publishes Updated FAQs for Earned Safe and Sick Time Act

On September 26, 2024, New York City published updated frequently asked questions (FAQs) for the New York City Earned Safe and Sick Time Act (ESSTA) in light of the New York City Department of Consumer and Worker Protection’s...more

Proskauer - Law and the Workplace

DOL: Employers Cannot Mandate PTO Use with State/Local Paid Leave Benefits During FMLA

The U.S. Department of Labor Wage and Hour Division (“WHD”) has issued an opinion letter stating that employers cannot require employees to substitute accrued paid time off during a Family and Medical Leave Act (“FMLA”) leave...more

Seward & Kissel LLP

New York Enacts Statewide Paid Prenatal Leave Law

Seward & Kissel LLP on

Effective January 1, 2025, all private sector employers in New York State are required to provide paid prenatal leave for employees to attend prenatal appointments or obtain health care services during or related to their...more

Woods Rogers

Who Gets Paid on a Snow Day?

Woods Rogers on

It’s that time of year! You can’t turn on the news and not see a winter weather advisory for somewhere in the country. Here is a question we get every year: Do we have to pay employees if it snows, and the office is closed?...more

Lathrop GPM

USERRA Does Not Require Paid Military Leave...Or Does It?

Lathrop GPM on

The landscape of federal military leave law may be shifting. In the past three years, four federal appellate courts have held that an employer may be required to offer paid leave for an employee’s military service where the...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 2023

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Nutter McClennen & Fish LLP

Moving Forward to the “New Normal”: U.S. Department of Labor Clarifies Leave Entitlements Under the Families First Coronavirus...

On September 11, 2020, the Department of Labor (“DOL”) promulgated revised regulations clarifying workers’ rights and employers’ responsibilities under the Families First Coronavirus Response Act’s (“FFCRA”) paid leave...more

Cole Schotz

Readying For The Return: US Department Of Labor Issues New FAQs Related To The FFCRA And Return To School Issues

Cole Schotz on

As we have recently posted on numerous occasions, the federal Families First Coronavirus Response Act (“FFCRA”) requires most employers with fewer than 500 workers to provide paid time off for specified reasons related to...more

Fisher Phillips

How To Balance School Re-Openings And COVID-19 Workplace Leave: FAQs For Employers

Fisher Phillips on

As the summer draws to a close, schools are announcing their re-opening plans, which vary widely across states and localities. Some schools plan to remain open several days a week and direct students to attend remotely the...more

Lewitt Hackman

DOL Provides Guidance on When the FFCRA Covers Summer Camp, Summer Program Closures

Lewitt Hackman on

On June 26, 2020, the U.S. Department of Labor (DOL) published guidance on when an employee may take leave under the Families First Coronavirus Response Act (FFCRA) to care for their child based on a COVID-19 related closure...more

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