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Recent Blog Posts

  • Department of Labor issues “temporary rule” interpreting paid leave under FFCRA By Leigh Anne Benedic    On April 1, 2020, the Department of Labor (DOL) issued a temporary rule interpreting the paid leave provisions under the Families First Coronavirus Response Act (FFCRA). We will follow with more detailed thoughts on the rule, but the highlights include: Key definitions, including “child care provider” (defined as including unpaid family caretakers in addition to paid child care settings) and “telework” Discussion of interplay between “stay at home” orders and “isolation or quarantine” orders, and the availability of paid... More
  • Supreme Court of Ohio tolls civil deadlines during COVID-19 emergency period By Mike Underwood    In response to the COVID-19 pandemic, Ohio’s legislative, executive, and judicial branches are working together to clarify requirements for civil litigants and alleviate mounting pressure on Ohio’s courts. My colleague Sean Klammer explains in this Porter Wright Law Alert.... More
  • Department of Labor’s Q&A page provides new information about enforcement of Families First Coronavirus Response Act By Adam Bennett    As the April 1, 2020 effective date for the Families First Coronavirus Response Act quickly approaches, the U.S. Department of Labor (DOL) continues to release guidance via a Q&A page through which the DOL illustrates how it will enforce the Act. Some of this guidance has been discussed in earlier posts which you can find here and here. In addition, the DOL has provided the following new information. Which Employees Are Eligible for Paid Sick Leave and Expanded Family and... More
  • The Department of Labor answers more questions about the Families First Coronavirus Response Act By Adam Bennett    Over the weekend, the U.S. Department of Labor (DOL) updated its Q&A page for the Families First Coronavirus Response Act (FFCRA) ahead of the act’s April 1, 2020 effective date. This guidance provides employers with additional insight about how the DOL will enforce the FFCRA’s expanded Families and Medical Leave Act (FMLA) and paid sick leave requirements. In this second piece of our three-part series, here is our look at the key points the new guidance provides. Part 1:... More
  • DOL releases Families First Coronavirus Response Act poster and clarifies posting obligations By Adam Bennett    The U.S. Department of Labor (DOL) separately released a FAQ devoted solely to an employer’s posting obligations under the Families First Coronavirus Response Act (FFCRA). Each covered employer must post a notice (available in English and Spanish) of the FFCRA requirements in a conspicuous place on its premises. Where an employer has employees reporting directly to work in several different buildings, the employer must post all required federal notices in each building, even if the buildings are located... More
  • Colorado enacts paid sick leave rules By Arslan Sheikh    On March 10, 2020, Colorado Gov. Jared Polis declared a State of Disaster Emergency in response to the COVID-19 pandemic. The Governor directed that immediate rulemaking be initiated to provide employees in certain industries paid sick leave for possible COVID-19 testing. The next day, the Colorado Department of Labor and Employment published the Colorado Health Emergency Leave with Pay Rules. These emergency rules became effective on March 11, 2020, and remain in effect for the longer of (a)... More
  • Nurse brings COVID-19 whistleblower suit against Northwestern Hospital By Sam Gamer    In what may be the first COVID-19 whistleblower action to be filed in the country, Lauri Mazurkiewicz sued her former employer, Northwestern Memorial Hospital, on March 23, 2020.  Ms. Mazurkiewicz, a nurse, filed her lawsuit in Illinois state court. She alleges that the hospital fired her after she raised concern over the masks being provided to its health care workers. Ms. Mazurkiewicz claims that the actions of the hospital and its management violated Illinois’s Whistleblower Act and also... More
  • Department of Labor releases Q&A regarding Families First Coronavirus Response Act and mandatory posters By Adam Bennett    On March 24, 2020, the U.S. Department of Labor (DOL) released a Q&A page to resolve some of the most pressing questions regarding emergency Family and Medical Leave Act (FMLA) leave and paid sick leave offered under the Families First Coronavirus Response Act (FFCRA) and its application to employers. Additionally, the DOL released the required poster regarding the Act which an employer must maintain in its workplace. While the public awaits the DOL’s final regulations interpreting the FFCRA, the... More
  • New York becomes first state to enact paid sick leave law in response to the COVID-19 pandemic By Arslan Sheikh    As we recently reported, President Donald Trump signed the Families First Coronavirus Response Act (FFCRA) to provide paid Family Medical Leave (FMLA) and paid sick leave to families affected by the COVID-19 pandemic. Although the law provides a number of protections to American workers, it also has a few gaps. One gap in the FFCRA, for example, is that it does not apply to employers of 500 or more employees. On March 18, 2020, New York became the first... More
  • Ohio “Stay at Home” order limits business operations to slow spread of COVID-19 By Adam Bennett    On March 22, 2020, Dr. Amy Acton, health director for the Ohio Department of Health, signed the “Director’s Stay at Home Order,” calling on all Ohioans to stay at home or at their place of residence unless conducting or participating in essential activities, essential governmental functions, or essential businesses and operations. The Director’s Order, which will be enforced by local departments of health and local law enforcement, goes into effect at 11:59 p.m. on March 23, 2020 and remains... More