Additional Guidance on FLSA, FMLA, and FFCRA

The US Department of Labor has announced additional guidance to provide information to workers and employers about how the requirements and protections of the Fair Labor Standards Act (FLSA), the Family Medical Leave Act (FMLA), and the Family First Coronavirus Response Act (FFCRA) impact the workplace as America continues to reopen from the coronavirus. The new guidance provides plain-language questions and answers addressing critical issues under all three laws. Please click on the links below to view the new guidance:

FMLA-related questions address issues including whether telemedicine visits count as in-person visits with a health care provider and whether the FMLA restricts an employer’s ability to require workers to get a COVID-19 test before returning to the worksite.

FLSA-related questions address issues including how employers must count the number of hours employees work in flexible scheduling and telework situations, whether hazard pay is required for employees working during the COVID-19 pandemic, the effect of  reducing salaries for exempt salaried workers during an economic slowdown, and whether salaried exempt employees under Section 13(a)(1) who perform other nonexempt duties during the COVID-19 public health emergency and may continue to be treated as exempt.

FFCRA-related questions address whether employers can require workers to telework or take leave until they test negative for COVID-19 after taking leave to care for someone in quarantine.