Department of Labor Issues New Guidance, Including Much Needed Guidance on Telework

On July 20, 2020, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) published further guidance regarding the protections and requirements of certain Acts—the Fair Labor Standards Act (“FLSA”), the Family and Medical Leave Act (“FMLA”),and the Families First Coronavirus Response Act (“FFCRA”)—as understood during the COVID-19 pandemic.  Most notably, the guidance provides much-needed clarification regarding telework and obtaining medical certifications for purposes of FMLA and FFCRA leave, as well as additional guidance regarding employees’ rights with respect to FFCRA leave and whether employers are permitted to require COVID-19 tests.

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