U.S. Department of Labor Issues New FMLA Leave Forms and Requests Public Comments

In June, the Wage and Hour Division of the Department of Labor, the division tasked with enforcing the Family Medical Leave Act (FMLA), revised its model forms for employers to give to employees to support certain FMLA-qualifying reasons for leave. The new forms are intended to clarify compliance requirements and streamline administration of FMLA leave.

For the full alert, visit the Faegre Drinker website.

Independent Study of EEOC 2017 and 2018 Pay Data Underway

On July 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced that the National Acad­emies of Sciences, Engineering, and Medicine’s Committee on National Statistics (CNSTAT) will conduct an independent study of the EEOC’s Employer Information Report (EEO-1 Report) Component 2 data, which was collected last year. Pursuant to a court order, covered employers were required to provide new Component 2 EEO-1 data reports for two years of their employees’ W-2 wage information and total hours worked in 12 pay bands by gender, race and ethnicity. The collection ultimately sought pay data for fiscal years 2017 and 2018 and was due on September 30, 2019.

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Colorado Adopts New Paid Sick Leave Requirements for Employers

Colorado Governor Jared Polis recently signed the Healthy Families and Workplaces Act, which will soon require Colorado employers to provide workers with up to six paid sick days per year. In addition, the new law immediately broadens the Families First Coronavirus Response Act, requiring Colorado employers to provide two weeks of paid sick leave to employees affected by COVID-19, regardless of the number of employees they have.

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A Genetic Mutation That Interferes With Normal Cell Growth May Qualify as a Disability Under the ADA

In a case of first impression at the circuit level, the Sixth Circuit Court of Appeals reversed dismissal of a disability discrimination complaint because the plaintiff had plausibly alleged a condition covered by the Americans with Disabilities Act (ADA) based on a genetic mutation causing abnormal cell development.

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OFCCP Issues Final Rule Exempting TRICARE Providers

On July 2, the Department of Labor Office of Federal Contract Compliance Programs (OFCCP) published its final rule to amend the regulations pertaining to its authority over TRICARE health care providers. The final rule effectively exempts TRICARE providers from OFCCP compliance and enforcement activities.

For the full alert, visit the Faegre Drinker website.

Remote Working During COVID-19 (and Beyond?): Frequently Asked Questions

Many state and local orders continue to require certain employees to work remotely or telecommute during the COVID-19 pandemic. And even where employees are beginning to return to the workplace, employers may face an increase in requests from employees to work remotely on an extended basis. With a likely uptick in its remote workforce, employers should consider whether to allow its employees to work remotely, and if so, how to best accomplish the task, including whether to implement a remote work policy and/or enter into individual remote work agreements with its remote employees during this pandemic and, perhaps, beyond.

For the full alert, visit the Faegre Drinker website.

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