Monthly eNewsletter from the IADC

US Dept of Labor Issues Guidance to Increase Understanding of Expectations & Protections

Two weeks ago, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced new guidance in its ongoing efforts to support the American workforce during the SARS-CoV-2 pandemic. As employers continue to meet the challenges presented to their businesses by the coronavirus, and as telework arrangements and virtual communication increasingly provide solutions, WHD is working to maximize the benefits of these arrangements for employers and workers alike.

The guidance comes in the form of 2 new Field Assistance Bulletins (FABs). One helps employers better understand how enforcement of required postings will now be considered by the Department of Labor. The other is helps both employers and employees better understand how protections for “in-person” visits has shifted to meet the needs of the time.

  • FAB 2020-7 addresses when, as a matter of enforcement policy, WHD will consider electronic posting by employers by email or an internet or intranet website to satisfy the employer’s requirement to provide employees with the required notice of their statutory rights under a variety of federal labor laws.
  • FAB 2020-8 addresses when WHD considers telemedicine an “in-person” visit for the purposes of establishing a serious health condition qualifying for protection under the Family and Medical Leave Act (FMLA).
    WHD continues to provide updated information on its website and through extensive outreach efforts to ensure that workers and employers have the information they need about the benefits and protections provided by the laws the agency enforces. WHD also provides additional information on common issues employers and employees face when responding to the coronavirus and its effects on wages and hours worked under the Fair Labor Standards Act and on job-protected leave under the FMLA.

For more information, please visit the WHD website.