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HR Tip: New York federal court decision overturning provisions of FFCRA creates uncertainty for employers


Shortly after the regulations for the Families First Coronavirus Response Act (FFCRA) were issued, the State of New York sued the DOL, claiming that the agency unlawfully denied leave to otherwise eligible employees and exceeded their statutory authority in drafting the final regulations. The court decision, issued on August 3, invalidated four of the regulations:

While the decision clearly applies to employers within the court's jurisdiction (Manhattan and the Bronx in New York City and Westchester, Rockland, Putnam, Orange, Dutchess, and Sullivan counties in New York state), its applicability elsewhere, particularly in other states, is unclear. In light of this ruling, the DOL has issued revised regulations. The revised rule clarifies workers' rights and employers' responsibilities regarding FFCRA paid leave.