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Confusion follows NY judge's ruling on virus relief law

August 2020 employment law letter
Authors: 
the editors of Federal Employment Law Insider

On August 3, a New York federal judge ruled that critical provisions of the U.S. Department of Labor's (DOL) regulations implementing the Families First Coronavirus Response Act (FFCRA) were overly broad and invalid. The immediate effect for those covered by this ruling is to make more employees eligible for emergency benefits (https://www.google.com/search?q=NY+v+DOL+20-CV-3020+(JPO)&rlz=1C1CHBD_enUS871US879&oq=NY+v+DOL+20-CV-3020+(JPO)&aqs=chrome..69i57.4390j0j7&sourceid=chrome&ie=UTF-8).

The FFCRA was among the first virus relief bills and was hastily drafted, leaving a number of areas DOL regulators had to interpret. Among the rules were those excluding virtually the entire healthcare sector and other employees from up to 12 weeks of paid sick and family leave. In the judge's view, the DOL acted without proper attention to the statute's stated goals and limits.

Specifically, the judge invalidated the following:

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