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US DOL Adds to Emergency Paid Leave Q&A's and Begins Enforcement

April 22, 2020

Temporary Non-Enforcement Period Ended April 17

The U.S. Department of Labor’s Wage and Hour Division (WHD) recently added a number of new “Questions and Answers” to provide information to employers about meeting their requirements to offer emergency paid sick leave and paid family medical leave offered by the Families First Coronavirus Response Act (FFCRA). The new Q&A’s further address critical questions, such as how to count hours for employees with irregular hours; how to compute average regular rate; how employers can require usage of existing leave; implications of stay-at-home and shelter-in-place orders; and future enforcement implications.

Additionally, on April 17th, DOL officially announced the end of its temporary non-enforcement period of the emergency paid leave protections. During the non-enforcement period WHD offered extensive guidance and education about the law’s requirements to assist employers covered by the new law to come into compliance as the nation continues to battle the coronavirus pandemic. WHD assures that educational outreach efforts will continue as enforcement begins in order to ensure compliance with the law and to maximize its benefits for workers and employers alike. WHD provides additional information on common issues employers and employees face when responding to the coronavirus, and its effects on wages and hours worked under the Fair Labor Standards Act and job-protected leave under the Family and Medical Leave Act at https://www.dol.gov/agencies/whd/pandemic.

For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.

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