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.’”

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Photo of Jerrold Goldberg Jerrold Goldberg

Jerrold F. Goldberg Co-Chairs the firm’s Labor & Employment Practice’s Labor-Management Relations group. He has been practicing in virtually all aspects of labor and employment law since 1979, including the traditional labor/union-management area, employment discrimination, executive employment, severance agreements and wage and hour…

Jerrold F. Goldberg Co-Chairs the firm’s Labor & Employment Practice’s Labor-Management Relations group. He has been practicing in virtually all aspects of labor and employment law since 1979, including the traditional labor/union-management area, employment discrimination, executive employment, severance agreements and wage and hour laws. Jerry exclusively represents management clients primarily in the real estate and hospitality industries in transactional matters, including commercial and residential building and hotel sales and purchases, administrative compliance, such as 421-a prevailing wage issues, and lease, property management and concessionaire relationships, as well as all aspects of labor and employment litigation. This includes traditional labor litigation, such as union management arbitration, N.L.R.B. representation and unfair labor practice proceedings, and strike and picketing injunctive actions, wage and hour litigation involving misclassification, overtime and service charge/gratuity issues, and employment discrimination and restrictive covenant litigation in federal and state courts and administrative agencies.

Photo of Shira R. Yoshor Shira R. Yoshor

Shira focuses her practice on labor and employment matters. She also has experience with a wide variety of complex commercial litigation. She regularly represents management in virtually all aspects of labor and employment law. She counsels employers on managing workplace issues, drafts employment…

Shira focuses her practice on labor and employment matters. She also has experience with a wide variety of complex commercial litigation. She regularly represents management in virtually all aspects of labor and employment law. She counsels employers on managing workplace issues, drafts employment agreements, handbooks and policies, investigates and litigates whistleblower claims, discrimination and retaliation claims, and claims involving all sorts of restrictive covenants. Shira partners with her clients to help them achieve their strategic business and legal goals wherever they face challenges.

Photo of Noel A. Lesica Noel A. Lesica

Noel A. Lesica advises clients on a wide range of employment law issues, representing employers before administrative agencies and state and federal courts. Noel brings to her practice the added perspective gained from her deep in-house experience in the pharmaceutical industry, where she

Noel A. Lesica advises clients on a wide range of employment law issues, representing employers before administrative agencies and state and federal courts. Noel brings to her practice the added perspective gained from her deep in-house experience in the pharmaceutical industry, where she helped clients manage risk and achieve compliance while marketing and selling product in a highly regulated environment.

Building upon the litigation experience she acquired before working in-house, Noel focuses her practice on a variety of workplace challenges facing employers and Human Resources professionals, including preventing and managing claims of discrimination, unlawful harassment and retaliation.

Noel enjoys public speaking, and regularly trains management and staff on the meaning and consequences of unlawful workplace harassment, with a focus on preventing sexual harassment claims.

Noel is committed to pro bono service, and has experience representing clients in domestic violence contempt matters.

Photo of Anna Robshaw Anna Robshaw

Anna Robshaw focuses her practice on commercial litigation and employment matters for clients across a variety of industries and jurisdictions. She also represents broker-dealers and other financial institutions in arbitration proceedings involving employment law, contract law, and other disciplines. Anna also has experience…

Anna Robshaw focuses her practice on commercial litigation and employment matters for clients across a variety of industries and jurisdictions. She also represents broker-dealers and other financial institutions in arbitration proceedings involving employment law, contract law, and other disciplines. Anna also has experience representing and counseling universities, community colleges, and public school districts in school law and employment matters. While in law school, Anna interned at the San Francisco District Attorney’s Office, where she assisted in the prosecution of misdemeanors and felonies. Anna also has several years of Human Resources work experience, which enables her to bring a unique perspective to her employment law practice.