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DOL Publishes a Request for Information on Current FMLA Regulations
On July 17, 2020, the USDOL’s Wage and Hour Division published a “Request for Information” (RFI) in the Federal Register, seeking input for its examination of the effectiveness of the current regulations in meeting the FMLA’s statutory objectives.
According to WHD, “Results of employee and employer surveys continue to show an ongoing need for…
Dickinson Law Welcomes Attorney Rob Porter
Dickinson, Mackaman, Tyler & Hagen P.C. is pleased to announce that attorney Rob Porter has joined the firm.
Porter has practiced law in Iowa for nearly 20 years, most recently as Director of Legal for Des Moines-based Dwolla, an acclaimed FinTech startup that provides a programmable payments platform that allows customers to securely transfer money.…
A Guide for Employers on Proper Temperature Screening
As Iowa continues to restart its economy, many businesses are considering how to safely reopen their workplaces.
One question employers may face is whether to implement a temperature screening procedure in an effort to protect employees and minimize the risk of spreading COVID-19. Many health and legal implications must be considered in the adoption of…
DOL Wage and Hour Division Eases Liquidated Damages Assessment Policy
Effective on July 1, 2020, WHD will no longer pursue pre-litigation liquidated damages as its default policy in its administratively resolved investigations.
Under the FLSA, liquidated damages are equal to the amount of back wages due to the employee. For instance, if an employer owes an employee $5,000 as a result of FLSA violations, the…
Different Definitions of "Son or Daughter" Under EFMLA & EPSL: Differences Not Addressed by the DOL
The Families First Coronavirus Response Act (“FFCRA”) was signed into law on March 18, 2020, and took effect on April 1, 2020. In the intervening 14 days, the Wage and Hour Division of the U.S. Department of Labor issued and revised various guidance documents on its website that interpret the Emergency Paid Sick Leave…
COVID-19: DOL Clarifies EFMLA / FMLA Interplay
On March 28, 2020, the Department of Labor (“DOL”) released its expanded Questions and Answers guidance on implementation of the recently passed Families First Coronavirus Response Act (“FFCRA”), which enacted the Emergency Paid Sick Leave Act (“EPSL”) and the Emergency Family and Medical Leave Act (“EFMLA”). Included in the 59 questions answered, the DOL clarified…
DOL Has Revised Its "COVID-19" Poster
On March 25, 2020, we announced that the Wage and Hour Division of the DOL had issued the poster/notice required to be posted under the “Families First Coronavirus Response Act.” We noted that covered private sector employers were reminded that they are required to post the notice. In issuing the poster, the DOL stated that…
DOL Issues Posters & Other Materials Under the Families First Coronavirus Response Act
On March 25, 2020, the Wage and Hour Division of the U.S. Department of Labor issued the poster/notice required to be posted by covered private sector employers (i.e., those with fewer than 500 employees) under the “Families First Coronavirus Response Act.” A copy is available here.
The DOL also issued a “Frequently Asked Questions”…