DOL offers new FLSA pandemic guidance

During the COVID-19 pandemic, more employees are working remotely than ever before. The dramatic changes in the workplace have raised numerous questions about how employees are to be compensated. The U.S. Department of Labor (DOL) has issued new guidance about the interplay between the Fair Labor Standards Act (FLSA) and the Families First Coronavirus Response Act (FFCRA).

Background

The FFCRA provides for two forms of paid leave for eligible employees who work for a covered employer (one that employs fewer than 500 employees):

• Leave under the Emergency Paid Sick Leave Act (EPSLA), which provides up to 80 hours of paid sick leave; and
• Leave under the Emergency Family and Medical Leave Expansion Act (EFMLEA), which offers up to 12 weeks of mostly paid family and medical leave.

Because the FFCRA provides paid leave only if an employee is unable to work or telework, many employers are offering telework for the first time. Of course, most businesses assumed the pandemic would last only a couple of months, and prolonged teleworking is novel to many employers. To complicate things, the New York Forward plan requires employers to keep business occupancy low, forcing continued teleworking by many employees.

The DOL has now provided guidance to help employers navigate various wage issues to remain in compliance with the FLSA for the balance of this historic pandemic. It’s also important for New York employers to understand the interplay of the New York Labor Law (NYLL).

Some key FAQs from DOL guidance