A federal judge in New York today nullified key sections of the US Department of Labor’s rules governing paid leave under the Families First Coronavirus Response Act (FFCRA). The decision invalidates previous DOL guidance restricting paid leave during layoffs and furloughs, as well as the DOL rule requiring employer consent to paid intermittent leave, and finally the rule requiring employees to providedocumentation before taking leave. (The judge also declared unlawful the broad definition of “health care providers” who had been exempted from the leave requirements.)
This decision creates many issues for construction industry employers who have been obeying the DOL rules now declared to be unlawful. ABC General Counsel Maury Baskin will address the impact of the court decision in his previously scheduled webinar about the FFCRA, tomorrow, August 4, 2020 at 3 pm.