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  1. 6 Απρ 2020 · Employees do not have a private right of action against employers under the EFMLEA, except if the employer is already subject to the FMLA (i.e., generally speaking, employers with 50 or more employees). See 29 CFR § 826.151 (b).

  2. 6 Απρ 2020 · While the regulations cover a multitude of issues, they provide much-needed interpretations of the small business exemption (fewer than 50 employees) under the FFCRA. Under the regulations, employers with 49 or fewer employees are exempt from providing FFCRA leave for child-care purposes when allowing such leave would jeopardize the viability ...

  3. This summary focuses on guidance provided by the DOL regulations on how to tabulate the number of employees for purposes of the FFCRA’s 500 employee rule, and the process and criteria for small businesses (under 50 employees) to seek an exemption from the FFCRA.

  4. 3 Απρ 2020 · On April 1, 2020 the Department of Labor (“DOL”) implemented and published a 124-page rule covering all aspects of the Families First Coronavirus Response Act (“FFCRA”).

  5. 3 Απρ 2020 · The FFCRA contains two components: (1) the Emergency Paid Sick Leave Act (EPSLA), which entitles certain employees to take up to two weeks of paid sick leave; and (2) the Emergency Family and Medical Leave Expansion Act (EFMLEA), which permits certain employees to take up to 12 weeks of expanded family and medical leave, 10 of which are paid, fo...

  6. 16 Απρ 2020 · The relevant DOL regulations provide that an employee is required to provide to his or her employer certain documentation pursuant to a request for leave under the Emergency Sick Leave Act ("EPSLA") or Emergency Family and Medical Leave Expansion Act ("EFMLEA"), both of which we have previously covered here. Employers, in turn, are required to ...

  7. The DOL responded to the court’s decision by updating its rules implementing the FFCRA, effective September 16, 2020, to make clear that employees are not eligible under any of the bases for FFCRA leave, if the employer does not have work available for the employee.

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