DOL Answers Some Questions About New Federal Paid Leave Law: Many Questions Remain


On March 24, 2020, the Department of Labor Wage and Hour Division issued the Families First Coronavirus Response Act: Questions and Answers (the “Q&A”). The Q&A, which is not law, provides some limited guidance to employers, including the following:

Notably, the Q&A leaves many critical questions unanswered, including:

In addition, the Q&A refers to counting employees (to determine coverage under the FFCRA) using both joint employer and integrated employer tests. The application of these tests will require a fact-specific analysis to determine whether employees of two separate legal entities, such as subsidiaries of a common parent, should be aggregated for purposes of applying the fewer than 500 employees coverage standard.


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National Law Review, Volume X, Number 85