Articles by Editorial Staff

August 4, 2020
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Court Vacates Parts of the Families First Coronavirus Response Act

On August 3rd, 2020, the federal court for the Southern District of New York (Court) struck down four parts of the regulations adopted by the Department of Labor (DOL) pursuant to the Families First Coronavirus Response Act (FFCRA). This ruling (State of New York v. U.S. Department of Labor, No. 1:20-cv-03020) comes four months after the regulations went into effect, and five months before the ...
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July 21, 2020
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New Employer Guidance Released on COVID-19 Testing, Leave, and Salary

On July 20th, 2020, the U.S. Department of Labor (DOL) published additional COVID-19 guidance for employers on how the requirements of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA) affect workplaces as they reopen during the global coronavirus pandemic. The newly updated resources from the DOL’s Wage and Hou...
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July 17, 2020
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Employer Compliance Alert: New Regulations

On July 16th, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced that it was starting to take significant steps to streamline optional-use forms that workers can use to request, and employers can use to coordinate, leave under the Family and Medical Leave Act (FMLA). Additionally, on July 17th, the WHD published a Request for Information (RFI) in the Federal Register se...
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July 11, 2020
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Federal Agencies Issue Proposed Rule for Health Plan Flexibility

On July 10th, 2020, the U.S. Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury released a joint proposed rule to amend the requirements for grandfathered group health plans and grandfathered group health insurance coverage in order to preserve their grandfather status. Under the Patient Protection and Affordable Care Act (ACA), certain group health plans and healt...
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July 1, 2020
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DOL Issues Five New  Wage & Hour Opinion Letters

On June 25th, 2020, the U.S. Department of Labor (DOL) announced the publication of five new wage & hour opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the DOL’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the entity that requested the ...
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June 27, 2020
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CDC Expands List of Individuals at Risk for Severe COVID-19 Illness

The Centers for Disease Control and Prevention (CDC) has released an update to their previously issued list of who is at a higher risk for getting severely ill from COVID-19.  Published on June 25th, 2020, the newly expanded list still includes older adults and people with underlying medical conditions as the majority of those who are at an increased risk, but has expanded on those age- and con...
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June 24, 2020
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CCPA Enforcement Deadline Looms for Businesses

On January 1st, 2020, the California Consumer Privacy Act (CCPA) went into effect, protecting consumers’ privacy rights by placing obligations on how businesses collect, use, and share the personal information of California residents. Included within the protections, the CCPA provides affected consumers with the right to: know what personal data is being collected about them; know wheth...
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June 21, 2020
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OSHA Releases New Guidance on Returning to Work

On June 18th, 2020, the U.S. Department of Labor’s (DOL’s) Occupational Safety and Health Administration (OSHA) issued new guidance to assist employers as they reopen non-essential businesses.  The guidance provides suggestions for working with their employees who are returning to work during the evolving coronavirus pandemic. The new resource, titled “Guidelines for Opening up America Again...
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June 15, 2020
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Supreme Court Ruling: Title VII Prohibits LGBTQ Discrimination

On June 15th, 2020, in a 6-3 decision, the U.S. Supreme Court ruled that employment discrimination on the basis of sexual orientation and/or gender identity is prohibited under federal civil rights law, speficially Title VII of the 1964 Civil Rights Act (Title VII). In the majority opinion, Justice Neil Gorsuch stated: “An employer who fires an individual for being homosexual or transgender ...
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June 12, 2020
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Updated COVID-19 Anti-Discrimination Guidance

On June 11th, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) posted an updated and expanded technical assistance publication addressing questions that fall under federal Equal Employment Opportunity (EEO) laws related to the coronavirus pandemic. The publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” provides approaches ...
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