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Federal Judge in SDNY Strikes Down Key Limitations on Leave Under the FFCRA

August 5, 2020

This past Monday, a federal district court in New York struck down several portions of the regulations issued by the U.S. Department of Labor (“DOL”) implementing the emergency family leave and paid sick leave provisions of the Families First Coronavirus Response Act (“FFCRA”).  The court’s ruling resolved a legal challenge by the New York State Attorney General (“NYAG”) against the DOL.

Filed on April 14, 2020, the NYAG lawsuit challenged several aspects of the DOL’s April 1, 2020 final rule implementing the FFCRA.  The NYAG argued that the DOL violated the Administrative Procedure Act by exceeding the authority delegated to it under the FFCRA.  Specifically, the NYAG challenged: (1) the work-availability requirement, under which employees are not eligible for FFCRA leave if their employer “does not have work” for them to perform; (2) the definition of “health care provider”; (3) the restrictions on intermittent leave; and (4) the documentation requirements imposed by the regulations.

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