Industry Comment Letter to Department of Labor re: Rulemaking on “Families First Coronavirus Response Act”

The Honorable Eugene Scalia
Secretary
 U.S. Department of Labor
200 Constitution Avenue, NW
Washington, DC 20210

Dear Mr. Secretary:

Littler Mendelson Workplace Policy Institute (“WPI”) respectfully submits for your consideration the below topics for the Department of Labor (“DOL”) to consider addressing by way of regulation, guidance, or additional Questions and Answers regarding the Families First Coronavirus Response Act (“FFCRA”).

WPI facilitates the employer community’s engagement in legislative and regulatory developments that affect their workplaces and business strategies. WPI harnesses the deep subject matter expertise of Littler Mendelson, the largest law firm in the world with a practice devoted exclusively to the representation of employers in employment and labor law matters. On this basis we offer these items for consideration by DOL. They represent questions faced by our clients and other industry trade associations whom we consulted, as employers attempt to come into compliance with the requirements of the FFCRA in the days to come.

We are deeply grateful for the efforts DOL has taken to date to clarify the FFCRA by way of postings, fact sheets, and Questions and Answers (herein, FAQ) with extraordinary speed. These have been remarkably informative and useful to stakeholders, and we look forward to additional guidance. Still, many questions remain, and we urge DOL to consider addressing them as it updates and expands its guidance.

We are happy to provide additional information or discuss any of these issues further if it is useful to you or your staff. We have set forth these issues topically below, in the form of recommended clarifications and guidance as to the statutory test.

Download the comment letter to read the full text.