The U.S. District Court for the Southern District of New York recently issued a decision in the case of State of New York v. U.S. Department of Labor, et. al., striking down four provisions of the U.S. Department of Labor’s (DOL) Final Rule implementing the Families First Coronavirus Response Act (FFCRA) on the ground that they exceed the DOL’s authority under the Administrative Procedure Act. The Court invalidated the Final Rule’s provisions that:
- Render employees ineligible for FFCRA benefits if their employers do not have work for them;
- Exclude as healthcare providers persons who are not capable of providing healthcare services;
- Require employer consent for an employee to take intermittent leave; and
- Require employees to submit documentation supporting the reason for leave prior to taking leave.
More critical information on this strike down can be found by reading the client alert recently issued by Phillips Lytle, LLP about the case, which can be viewed here.
Please note that the extent of the applicability of the court decision is unsettled and employers should consult with counsel for any particular situation.