june 21, 2021

june 11. 2021

june 9, 2021

June 7, 2021

may 18, 2021

april 26, 2021

april 1, 2021

march 29, 2021

march 25, 2021

march 11, 2021

march 8, 2021

march 4, 2021

MARCH 2, 2021

february 25, 2021

FEBRUARY 3, 2021

january 11, 2021

january 5, 2021

january 4, 2021

december 28, 2020

DECEMBER 23, 2020

december 21, 2020

december 10, 2020

december 7, 2020

october 28, 2020

october 22, 2020

October 19, 2020

october 15, 2020

october 12, 2020

october 8, 2020

october 5, 2020

september 22, 2020

september 21, 2020

September 11, 2020

august 4, 2020

july 6, 2020

july 1, 2020

June 29, 2020

June 22, 2020

june 15, 2020

june 10, 2020

june 8, 2020

June 4, 2020

may 29, 2020

may 28, 2020

may 27, 2020

may 15, 2020

may 14, 2020

may 12, 2020

may 8, 2020

may 6, 2020

may 5, 2020

may 4, 2020

may 1, 2020

april 29, 2020

april 24, 2020

April 23, 2020

april 21, 2020

april 17, 2020

april 16, 2020

april 15, 2020

April 14, 2020

APRIL 13, 2020

APRIL 10, 2020

APRIL 9, 2020

april 8, 2020

april 7, 2020

April 3, 2020

april 2, 2020

april 1, 2020

March 31, 2020

march 30, 2020

March 27, 2020

March 26, 2020

march 25, 2020

march 24, 2020

march 23, 2020

MARCH 21, 2020

MARCH 20, 2020

MARCH 19, 2020

MARCH 18, 2020

MARCH 17, 2020

MARCH 16, 2020

MARCH 5, 2020

The U.S. Department of Labor Issues New COVID-Related Guidance

RICHARD REICE
JANUARY 4, 2021


As COVID-19 continues to impact workplaces nationwide, the U.S. Department of Labor’s Wage and Hour Division (WHD) has been offering guidance to employers and employees navigating the pandemic. Last week, WHD issued separate Field Assistance Bulletins (FABs) that address two specific issues arising from our new normal: telecommuting and virtual communication.

Statutory Notices

In FAB 2020-7, the WHD focused on whether employers can satisfy their statutory and regulatory duties by electronically posting—via email or internet or intranet website—a variety of notices required under federal labor laws, such as the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Employee Polygraph Protection Act (EPPA), and the Service Contract Act. By way of this FAB, the WHD has maintained that in most cases, electronic notices will supplement, but not replace, the necessity of employers to post hard-copy notices.

Telemedicine

For its part, FAB 2020-8 addresses when WHD considers telemedicine an “in-person” visit for purposes of establishing a serious health condition qualifying for protection under the FMLA. The WHD has determined that virtual consultations with health care providers will be characterized as “in-person” visits so long as they (1) include an examination, evaluation, or treatment by a health care provider; (2) are permitted by state licensing authorities; and (3) are conducted by videoconference.

Should you have any questions about either of the foregoing FABs or other workplace issues (whether or not COVID-19-related), do not hesitate to contact Michelman & Robinson, LLP’s employment team.


We are working diligently to keep our clients up to date on coronavirus-related developments. Nevertheless, these developments are changing daily and, in some cases even hourly, so it is important that you make sure you are dealing with the most current information. That being said, this alert is not offered, and should not be relied on, as legal advice. You should consult an attorney for guidance and counsel regarding any specific concern or situation.