Coronavirus (COVID-19) Updates

August 7, 2020

Federal Court Strikes Down Several FFCRA Provisions

Shortly after the Department of Labor issued the Families First Coronavirus Response Act (FFRCA), the state of New York filed a lawsuit challenging some of the provisions. On August 3rd, the U.S. District Court for the Southern District of New York struck down four provisions in the FFCRA regulations.

The four provisions struck down include:

  • the definition of who qualifies under the health care provider exemption;
  • the requirement that employers must have work available for employees in order for them to be eligible for benefits under the FFCRA;
  • the requirement that employees must have their employer’s consent prior to taking intermittent leave for certain qualifying reasons; and
  • the requirement that documentation be provided before taking leave.

The federal court also made clear that all other remaining provisions of the DOL’s regulations remain in force and valid at this time.

The court’s full opinion may be found here.

If you have any questions or concerns please reach out to compliance_services@thelarkincompany.com.

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