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District Court Largely Rejects DOL Arguments and Sides with State of New York on Implementation of FFCRA
Wilson Elser
Aug. 6, 2020 "[T]he decision appears to allow employers to request documentation where the leave is 'foreseeable' and does not appear to preclude an employer from obtaining documentation after leave is approved.... [The court also ruled that] FFCRA leave is available to employees who need to take leave even if the employer does not have work available.... This ruling will likely be appealed to the Second Circuit, and it is unclear whether the Circuit Court will stay its application pending a determination on appeal." [New York v. U.S. Dept. of Labor, No. 20-3020 (S.D.N.Y. Aug. 3, 2020)] MORE >> |
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