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ARTICLE · 05 NOVEMBER 2020

Court Ruling Invalidates DOL's Final Rule Related To FFCRA

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This ruling clearly applies in the Southern District of New York, however, its impact outside of the district is uncertain.

United StatesCoronavirus (COVID-19)
Robert W. Horton
Robert W. Horton

On August 3, the federal court for the Southern District of New York (SDNY) issued an order invalidating several significant portions of the Department of Labor's (DOL's) Final Rule regarding the Families First Coronavirus Response Act (FFCRA). The SDNY struck down the following provisions:

  1. That work has to be otherwise available to the employee for the employee to be eligible for Emergency Paid Sick Leave (EPSL).
  2. The DOL's expansive definition of "healthcare providers" for the purposes of who can be excluded from the FFCRA mandated leave.
  3. That an employer must agree to the use of EPSL on an intermittent basis by employees for reasons not related to the possible spread of COVID-19 by the employee.

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