On September 11, 2020, the U.S. Department of Labor (DOL) issued revised regulations under the Families First Coronavirus Response Act (FFCRA) following a federal court’s decision that invalidated a handful of regulatory provisions interpreting the FFCRA. Although the DOL was widely expected to address the court decision through revised regulations and/or court action, these new
Regulatory Activity
DOL Issues New FMLA Notices and Forms, Seeks Input on Potential Changes to FMLA Regulations
In the middle of the COVID-19 pandemic, the U.S. Department of Labor hit the pause button on pandemic concerns and returned at least for a moment to the good old fashioned F-M-L-A.
This morning, the DOL issued new model notices and forms to be used by employers in the administration of the FMLA. The notices…
Are the DOL’s Proposed New FMLA Forms Just Another Version of Hamburger Helper?
Contrary to popular opinion, the biggest news lately out of the U.S. Department of Labor is not the fact that the agency just this week announced a final rule that would make over one million American workers newly eligible for overtime pay.
Oh, no way!
Why worry about minimum wage and overtime issues when the…
DOL Doubles-Down: Employees Cannot Decline FMLA Leave, Even if a Collective Bargaining Agreement States Otherwise
Earlier this year, the Department of Labor made clear in an opinion letter that neither an employee nor an employer may decline FMLA leave where an eligible employee is absent for an FMLA-qualifying reason. As the DOL noted in this March 2019 opinion letter, this is particularly true even where the employee would prefer that…
Something is Afoot at the DOL: Could New FMLA Regulations or Forms Be on the Horizon?
It’s been just over 10 years since the Department of Labor last introduced wholesale changes to the FMLA regulations.
Remember those happy days back in 2009, when we were introduced to new FMLA notice requirements (for all), clarity over employee eligibility and holidays, emphasis on call-in procedures, favorable bonus language and waivers of FMLA rights? …
Can an Employee Decline FMLA Leave Even though the Absence is Covered by the FMLA? According to the DOL, the Answer is an Emphatic “NO.”
Every one of you employs at least one of these employees — you know, the one who:
- requests medical leave because of, let’s say, his uromysitisis poisoning (clearly, an FMLA-qualifying condition); but
- wants to use his accrued paid leave instead of tapping into FMLA?
He might even get indignant, insisting that the law allows him…
BREAKING: Get Your New FMLA Forms from the DOL Here!
Those sneaky little rascals! While the rest of us were enjoying our Labor Day holiday, those crazy kids over at the Department of Labor were still working away. Bless their little hearts! This time, they were busy posting new model FMLA notices and medical certification forms.
Expiration: August 31, 2021.
No more month-to-month extensions…
The DOL’s FMLA Forms Are Expiring! Are Employers Still Required to Comply with the Law?

The DOL’s model FMLA forms and notices are about to turn into the proverbial pumpkin come midnight this Friday, June 1, 2018.
So, what is an employer to do? Besides panic, of course?
What’s Going on and Why Do These Forms Expire Anyway?
Under the Paperwork Reduction Act of 1995, the DOL is required…
DOL Will Again Issue Opinion Letters on FMLA, FLSA, and Other Sticky Employment Law Scenarios
The U.S. Department of Labor announced today that it will again issue opinion letters to assist employers and employees in interpreting laws like the FMLA and Fair Labor Standards Act. The DOL has even established a new webpage to submit requests for opinion letters and to review old opinion letters.
Sweet Baby Jesus! I’m like…
Does Paid Leave Become Reality in a Trump Administration? And Who is His Likely Choice to Head the Department of Labor?
Every other employment attorney has been offering their opinion on how the election of Donald Trump will impact employment law. So, I’d feel left out of this riveting discussion if I didn’t offer my two cents about how a Trump presidency might impact by far the most exciting area of employment law — employee medical…