April 2, 2020
Gibson Dunn’s lawyers regularly counsel clients on issues raised by the COVID-19 pandemic, and we are working with many of our clients on their response to COVID-19. The following is a round-up of today’s client alerts on this topic prepared by the Gibson Dunn team. Our lawyers are available to assist with any questions you may have regarding developments related to the outbreak. As always, for additional information, please feel free to contact the Gibson Dunn lawyer with whom you usually work, or any member of the firm’s Coronavirus (COVID-19) Response Team.
On April 1, 2020, the Wage and Hour Division (the “Division”) of the U.S. Department of Labor posted a temporary rule relating to the paid leave provisions of the Families First Coronavirus Response Act (the “FFCRA”), which was enacted to provide additional paid leave to employees in light of the novel coronavirus (“COVID-19”) pandemic. These temporary regulations expand on the additional guidance provided by the Division over the weekend, which took the form of additional questions and answers on the Division’s FFCRA Q&A website. Below, we provide an overview of the Division’s temporary regulations and additional guidance. For a summary of the Division’s prior guidance on the FFCRA paid leave provisions—the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act (the “Emergency FMLA Expansion Act”)—see Gibson Dunn’s March 26, 2020 update here.
As the coronavirus (COVID-19) pandemic continues, state and local jurisdictions across the country have issued unprecedented directives restricting in-person business operations in order to minimize the spread of the virus. New York and California illustrate two differing approaches to this novel issue. In this rapidly changing environment, businesses with operations in multiple jurisdictions must look carefully—and continuously—at the orders applicable to each jurisdiction to determine whether and to what extent their business operations and obligations may be affected.
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