On March 10, 2020, Colorado Gov. Jared Polis declared a State of Disaster Emergency in response to the COVID-19 pandemic. The Governor directed that immediate rulemaking be initiated to provide employees in certain industries paid sick leave for possible COVID-19 testing. The next day, the Colorado Department of Labor and Employment published the Colorado Health Emergency Leave with Pay Rules. These emergency rules became effective on March 11, 2020, and remain in effect for the longer of (a) 30 days after adoption (in other words, April 10, 2020); or (b) the duration of the State of Disaster Emergency, up to a maximum of 120 days after adoption of the emergency rules (in other words, up to July 9, 2020).

Continue Reading Colorado enacts paid sick leave rules

On March 24, 2020, the U.S. Department of Labor (DOL) released a Q&A page to resolve some of the most pressing questions regarding emergency Family and Medical Leave Act (FMLA) leave and paid sick leave offered under the Families First Coronavirus Response Act (FFCRA) and its application to employers. Additionally, the DOL released the required poster regarding the Act which an employer must maintain in its workplace.

While the public awaits the DOL’s final regulations interpreting the FFCRA, the DOL’s Q&A provides some guidance as to where DOL enforcement of the FFCRA is heading ahead of the act’s effective date of April 1, 2020.


Continue Reading Department of Labor releases Q&A regarding Families First Coronavirus Response Act and mandatory posters

As we recently reported, President Donald Trump signed the Families First Coronavirus Response Act (FFCRA) to provide paid Family Medical Leave (FMLA) and paid sick leave to families affected by the COVID-19 pandemic. Although the law provides a number of protections to American workers, it also has a few gaps. One gap in the FFCRA, for example, is that it does not apply to employers of 500 or more employees.

Continue Reading New York becomes first state to enact paid sick leave law in response to the COVID-19 pandemic