New From DOL Wage and Hour Administration on COVID-19

Date: July 30, 2020

New Information from Wage and Hour Administration

The US Department of Labor Wage and Hour Division (WHD) is committed to providing employers with the tools they need to operate in compliance with the variety of labor laws enforced by the Division. WHD offers a number of useful compliance resources intended to provide employers with readily accessible, easy-to-understand information relevant to both their rights and to their responsibilities under the law. From our interactive E-laws advisor to a complete library of free, downloadable workplace posters, this site offers employers critical information to guide them toward operating their businesses in full compliance with federal labor regulations. 

On July 20, the Wage and Hour Administration posted more guidance for employers and employees on handling issues arising under the Fair Labor Standards Act (FSLA), the Family Medical Leave Act (FMLA), and the Families First Coronavirus Response Act related to the COVID-19 pandemic.

The new information includes:

  • What hours are compensable when an employee is working from home
  • How employers can give employees flexibility during the day (for instance to attend to remove schooling obligations)
  • Whether an exempt employee maintains exempt status when having to perform non-exempt duties

The issued guidance is the latest addition to compliance assistance materials the WHD has published, including a Fact Sheet for Employees, a Fact Sheet for Employers and a Questions and Answers resource about paid sick and expanded family and medical leave under the FFCRA. WHD has also produced two guidance posters, one for federal workers and one for all other employees, that fulfill notice requirements for employers obligated to inform employees of their FFCRA rights; Questions and Answers about posting requirements; simple Quick Benefits Tips to determine how much paid leave the FFCRA allows workers to take.

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