Shortly after the United States Department of Labor (DOL) issued its Final Rule implementing provisions of the Families First Coronavirus Response Act (FFCRA), the state of New York filed suit under the Administrative Procedure Act contending that certain aspects of the Final Rule exceeded the DOL’s authority. By Opinion and Order dated Aug. 3, 2020, Southern District of New York Federal Judge J. Paul Oetkin largely granted the state of New York’s challenge.

By way of background, Congress passed the FFCRA at the outset of the Coronavirus Disease 2019 (COVID-19) health crisis to, among other things, provide paid leave to various pandemic-affected employees who found themselves unable to work. Since its passage, employment lawyers and human resources professionals have relied heavily on the DOL’s FAQs and Final Rule to advise employers on FFCRA leave issues. On April 14, 2020, the state of New York filed suit against the DOL, claiming the agency’s Final Rule exceeded its authority.

Click here to read the full GT Alert, “Federal Judge Grants NY’s Motion to Vacate FFCRA’s ‘Work Availability’ Requirement, Other Important Provisions of DOL’s ‘Final Rule.’”