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.

OFCCP Issues Directives Regarding Mediation Procedures and Audit Efficiency

The Department of Labor Office of Federal Contract Compliance Programs (OFCCP) released three new directives on April 17, 2020 that formalize its mediation procedures, seek to further increase the efficiency of its compliance evaluations (audits) and expand the role of the agency’s Ombudsman. The OFCCP’s recent directives were designed to further reduce the burden on federal contractors, and further confirms that the agency remains operational and committed to its enforcement efforts.

For the full alert, visit the Faegre Drinker website.

OFCCP Recent Developments and Guidance on COVID-19

In the wake of the coronavirus (COVID-19) pandemic, many federal contractors are questioning to what extent the Department of Labor (DOL) Office of Federal Contract Compliance Programs (OFCCP) will continue to operate and whether recently passed legislation includes any relief for federal contractors. While the OFCCP has made it clear that it remains “virtually” operational, it will not be “business as usual.”

For the full alert, visit the Faegre Drinker website.

Retaining Independent Contractors in New Jersey Just Got Even Riskier

On January 21, 2020, New Jersey Governor Phil Murphy signed into law three bills that increase the potential pitfalls for businesses that rely on independent contractors. One new law adds to the penalties for misclassifying employees as independent contractors. Another new law imposes liability on businesses ─ including potential liability on individual managers ─ that use staffing companies that misclassify workers. The third new law adopts new posting requirements and anti-retaliation provisions.

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U.S. Department of Labor Issues New FMLA Guidance

On March 14, 2019, the U.S. Department of Labor (DOL) issued an opinion letter concerning the Family Medical Leave Act (FMLA). The FMLA provides eligible employees a maximum of 12 weeks of unpaid, job-protected leave for specified family and personal medical reasons and up to 26 weeks to care for a covered service member per year. In its opinion letter, the DOL addressed whether an employer may delay designating paid leave as FMLA leave or permit employees to expand their FMLA leave beyond the statutory requirements.

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U.S. Department of Labor Extends Expiration of FMLA Forms Through August 2021

The U.S. Department of Labor (“DOL”) Wage and Hour Division recently announced that its model Family and Medical Leave Act (“FMLA”) notices and certification forms are valid for another three years, until August 31, 2021. There is nothing new in the updated model FMLA forms, other than a new expiration date, which is located on the top right corner of the forms.

Employers who use the DOL’s model FMLA forms can access them at the following links:

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