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On September 11, the U.S. Department of Labor (DOL) issued a new temporary rule interpreting the Families First Coronavirus Response Act (FFCRA), which revised and clarified several parts of its prior rule that <a href="https://www.thompsonhine.com/publications/federal-court-expands-ffcra-paid-leave" target="_blank" rel="noopener">were recently struck down by a New York federal court</a>.

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On August 3, the U.S. District Court for the Southern District of New York ruled that four parts of the DOL’s temporary FFCRA rule were invalid:

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New York v. U.S. Dep’t of Labor, No. 20-CV-3020, 2020 U.S. Dist. LEXIS 137116 (S.D.N.Y. Aug. 3, 2020).

In response to the decision, the DOL issued a new temporary rule (Rule) that “reaffirms its regulations in part, revises its regulations in part, and further explains its positions.” Because the court had invalidated certain portions of the temporary rule based on a lack of explanation, the DOL reaffirmed certain provisions and provided the underlying explanation. Specifically, the Rule:

It remains to be seen whether the Rule will also face legal challenges and whether the FFCRA’s regulations could be subject to additional changes. At this time, however, the Rule eliminates the uncertainty created by the August 3 court decision and provides employers with clarity as to the DOL’s position on how employers should comply with the FFCRA to provide leave to their workforces.

The Rule goes into effect on September 16 and will remain in place until December 31, 2020.

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Nancy M. Barnes 216.566.5578 <a href="mailto:Nancy.Barnes@ThompsonHine.com@ThompsonHine.com">Nancy.Barnes@ThompsonHine.com</a>

M. Scott Young 513.352.6617 202.263.4134 <a href="mailto:Scott.Young@ThompsonHine.com">Scott.Young@ThompsonHine.com</a>

Anthony P. McNamara 513.352.6657 <a href="mailto:Anthony.McNamara@ThompsonHine.com">Anthony.McNamara@ThompsonHine.com</a>

or any member of our <a href="http://www.thompsonhine.com/services/labor-amp-employment" target="_blank" rel="noopener">Labor &amp; Employment</a> group.

Additional Resources

We have assembled a firmwide multidisciplinary task force to address clients’ business and legal concerns and needs related to the COVID-19 pandemic. Please see our <a href="https://www.thompsonhine.com/services/covid-19-task-force" target="_blank" rel="noopener">COVID-19 Task Force</a> page for additional information and resources.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel. This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhinestaging.contentpilot.net/wp-content/uploads/2022/04/COVID-19_Update_-_DOL_Revises_FFCRA_Regulations_in_Response_to_Court_Decision.pdf

DOL Revises FFCRA Regulations in Response to Court Decision

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