DOL Revises Rule Implementing FFCRA

Updated: Dec 4, 2020

On August 3, 2020, a New York District Court (“District Court”) held certain portions of the Families First Coronavirus Response Act (“FFCRA” or “Act”) invalid, and concluded that the U.S. Department of Labor (“DOL”) exceeded its authority and failed to explain its positions regarding its Final Rule applicable to the Act. In response to the court’s decision, the DOL revised and clarified its position on the disputed sections. The revised regulations were effective on September 16, 2020, and will remain in place until December 31, 2020, when the Act is scheduled to automatically expire. Below is a review of the basic components of the FFCRA, the New York court’s rulings on the DOL’s original regulations, the revised DOL regulations and how it will affect employers dealing with the FFCRA.


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