The United States Department of Labor (DOL) recently issued additional guidance related to COVID-19 and the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA). Below are some non-exhaustive highlights.
The most recent FLSA guidance addresses issues such as hazard pay for employees working during the COVID-19 pandemic, compensable time when an employer allows flexible scheduling for employees who need to take time during the day for personal and family obligations, such as caring for their children whose schools have closed, and exempt status issues related to FFCRA leave and salary reductions, etc.
The latest FMLA guidance answers questions related to telemedicine serving as “in-person” visits to establish a serious health condition under the FMLA, and requiring COVID-19 tests prior to allowing employees to return to work after leave.
The newest FFCRA guidance covers matters related to furloughs, telework or alternative arrangements while awaiting COVID-19 test results, and discrimination and retaliation against employees exercising their FFCRA rights.
Employers should review and comply with all applicable guidance.
Please note this current global emergency and applicable laws, regulations, proposals, guidance, advice, and responses change rapidly. We strive to keep you up to date as much as possible, but this blog article is intended for general informational purposes only and should not be construed as legal advice or opinion. Contact myHRcounsel with questions concerning specific facts and circumstances.