WTK | SPECIAL ALERT! New York District Court Vacates Portions of the DOL’s Final Rule on the Families First Coronavirus Response Act

New York District Court Vacates Portions of the DOL’s Final Rule on the Families First Coronavirus Response Act

On August 3, 2020, a New York District Court published an Order disagreeing with several portions of the DOL’s Final Rule regarding the Families First Coronavirus Response Act (FFCRA). Specifically, the Court vacated the “work-availability” requirement, which may affect furloughed employees, the “health care provider” definition, and the temporal aspect of the documentation requirements. On the other hand, the Court let the Final Rule’s intermittent leave provision stand.

Although it remains to be seen what the DOL is going to do with regard to this Order, this decision is important to our client’s ongoing review and analysis of COVID-19 related leaves and benefits.

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San Diego County Health and Human Services Agency Updates Health Order to Require Employers to Notify County and Employees of COVID-19 Outbreaks

Effective July 30, 2020, all essential and reopened businesses that become aware that an employee has been diagnosed with COVID-19 must promptly notify the County Department of Public Health and provide the County with the diagnosed employee’s date of birth and contact information as well as the contact information of any potentially exposed employees. This new provision also requires essential and reopened businesses to provide notice to any potentially exposed employees and/or customers if there has been three or more cases of positive diagnoses at the same workplace within a span of fourteen days. Though not mandatory, it is recommended that employers provide such notice in the event of a single positive diagnosis.