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Matthew J. Bakota

COVID-19 HR Legal Update: Important Changes and Claifications from the Department of Labor Regulations on Federal Leave Under the FFCRA

The U.S. Department of Labor (“DOL”) has issued its regulations that tell employers how the DOL will be interpreting and enforcing the two types of federal leave created under the Families First Coronavirus Response Act (“FFCRA”). That leave includes Emergency Paid Sick Leave and expanded Family and Medical Leave (“EPSL” and “EFMLA leave” for purposes of this article). Below we have highlighted several important changes and clarifications that employers need to know about as they deal with these types of leave, which went into effect on April 1.

Mar 26, 2020 Written by

Important: Effective Date for New Federal Leave Has Changed to April 1, 2020

The U.S. Department of Labor (DOL) has stated that the new Emergency Paid Sick Leave and Expanded FMLA Leave will become effective April 1, 2020, not on April 2 as originally anticipated. In addition, the DOL has adopted a non-enforcement period from March 18 through April 17. During this time period, the DOL has indicated it will not take enforcement action against an employer if the employer makes reasonable good-faith efforts to comply with the new paid leave provisions as determined by the DOL. Therefore, although eligible employees still must be granted leave beginning April 1, the DOL will not be pursuing violations until after April 17 for employers who are trying to comply with the law.

If you have further questions, please contact Amy Mitchell (This email address is being protected from spambots. You need JavaScript enabled to view it.), Matt Bakota (This email address is being protected from spambots. You need JavaScript enabled to view it.), or Steve Watring (This email address is being protected from spambots. You need JavaScript enabled to view it.) at 937-223-6003.

Mar 19, 2020 Written by

Coronavirus Response for Employers – Next Steps and New Questions

We know you are receiving numerous emails providing guidance on how to handle the impact of COVID-19 on your workforce.  We have also received such emails and unfortunately not all guidance being issued is accurate or based on the law.  Instead, it appears some of the guidance is based on news reports, tweets and summaries of proposed laws as opposed to the actual laws in place.  Please know that we at Auman, Mahan & Furry believe it is more important to be accurate than first at sending out information.

Mar 12, 2020 Written by

Coronavirus Response for Employers

The following is based on information known as of March 11, 2020 related to COVID-19. It is subject to change based on further developments, such as...

Sep 24, 2019 Written by

AM+F Legal Update: The New Overtime Rule Is Finally Here

On September 24, 2019, the U.S. Department of Labor (“DOL”) announced a change to the salary threshold used to determine which employees are eligible for...

Mar 01, 2018 Written by

Worried That #MeToo May Come For You? Better Workplace Investigations Can Protect Your Company Against Harassment (And Other) Claims.

Matt Bakota’s article, “Worried That #MeToo May Come For You? Better Workplace Investigations Can Protect Your Company Against Harassment (And Other) Claims,” was featured in the February 2018 edition of Midwest Roofer magazine. The electronic version of the magazine with the full article (pgs. 8-11) can be accessed here.

Aug 24, 2017 Written by

Maybe All Employee Handbook Policies Aren’t Illegal After All?

In December 2015, the U.S. Chamber of Commerce released a publication that discussed numerous examples of the National Labor Relations Board’s “increasing hostility to commonsense employee handbook policies.” A main premise of that publication, titled Theater of the Absurd: The NLRB Takes on the Employee Handbook, was that the...

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