Court blocks some FFCRA rules: What's the impact?

• Position: COVID & the Court

In early August, a federal judge in New York ruled that some of the hastily drawn federal regulations implementing paid leave provisions of the Families First Coronavirus Response Act are invalid.

The state of New York had sued the U.S. Department of Labor, arguing some of the regulations exceeded the DOL's statutory authority.

For now, the ruling only applies in New York, and the DOL is sure to appeal it. But the case could be a precursor to similar litigation filed elsewhere.

The bottom line: Until this issue reaches a final decision, employers should continue to stay on the safe side and carefully document every decision related to employees' FFCRA paid leave. Check with your attorney if you have questions.

4 regulations in question

The court addressed four areas:

Work availability. DOL rules say employees are only eligible for paid leave under the FFCRA if the employer has work available and employees are unable to work because they are subject to quarantine orders or have to care for someone with COVID-19 (or a child whose...