Capitol Benefits Group News & Update
FMLA Compliance Under Scrutiny as Part of New DOL Initiative
Wage and Hour Division Plans Vigorous Enforcement
In its announcement this month of a warehouse and logistics worker initiative, the Wage and Hour Division of the U.S. Department of Labor (DOL) stated the action would include ensuring workers are not prevented from taking time off under the federal Family and Medical Leave Act (FMLA).
The Initiative
The announcement said the division would use all of its tools to ensure employers comply with federal labor laws, specifically mentioning "vigorous enforcement," along with education and outreach, as planned means to increase compliance and reduce industry violations.
In addition to FMLA compliance, the initiative will focus on wage payment, workplace harassment and retaliation, and misclassification of employees as independent contractors.
The division said the "enormous strain" on the warehouse and logistics industries had prompted it to take heightened action to protect the rights of warehouse workers, delivery drivers and truck drivers, among others.
The FMLA
The FMLA requires covered employers to provide eligible employees with unpaid, job-protected leave for family and medical reasons. Employers must have at least 50 employees for the law to apply. Employee eligibility requirements include having worked for the covered employer for at least 12 months and at least 1,250 hours during the 12 months before the leave.
Next Steps for Employers
In light of the DOL's plan for stepped-up enforcement, employers should review their FMLA policies to ensure full compliance with the law.Wage and Hour Division Plans Vigorous Enforcement
In its announcement this month of a warehouse and logistics worker initiative, the Wage and Hour Division of the U.S. Department of Labor (DOL) stated the action would include ensuring workers are not prevented from taking time off under the federal Family and Medical Leave Act (FMLA).
The Initiative
The announcement said the division would use all of its tools to ensure employers comply with federal labor laws, specifically mentioning "vigorous enforcement," along with education and outreach, as planned means to increase compliance and reduce industry violations.
In addition to FMLA compliance, the initiative will focus on wage payment, workplace harassment and retaliation, and misclassification of employees as independent contractors.
The division said the "enormous strain" on the warehouse and logistics industries had prompted it to take heightened action to protect the rights of warehouse workers, delivery drivers and truck drivers, among others.
The FMLA
The FMLA requires covered employers to provide eligible employees with unpaid, job-protected leave for family and medical reasons. Employers must have at least 50 employees for the law to apply. Employee eligibility requirements include having worked for the covered employer for at least 12 months and at least 1,250 hours during the 12 months before the leave.
Next Steps for Employers
In light of the DOL's plan for stepped-up enforcement, employers should review their FMLA policies to ensure full compliance with the law.
New Model Employer CHIP Notice Issued
Information Current as of Jan. 31, 2022
The Department of Labor (DOL) has released a new model Employer CHIP Notice with information current as of Jan. 31, 2022. As a reminder, employers with group health plans that cover participants in states that provide premium assistance subsidies through Medicaid or the Children's Health Insurance Program (CHIP) are required to notify their employees annually, regardless of the employer's location.
The DOL's model notice, which employers may use for this disclosure, is updated periodically to reflect changes in the states that offer premium assistance subsidies, as well as the contact information for those states. Click here for more information.
OSHA Withdraws COVID-19 ETS, but Not the Proposed Permanent Rule
Though Withdrawn As An Enforceable Emergency Standard, the OSHA ETS Remains As A Proposed Rule
On Jan. 25, 2022, OSHA provided notice that it is withdrawing its COVID-19 vaccination and weekly testing emergency temporary standard (ETS). The withdrawal will be effective once the notice is published in the Federal Register. The expected publication date is Jan. 26, 2022.
The ETS was adopted to protect unvaccinated employees working for employers with 100 or more employees from the risk of contracting COVID-19. This ETS required employers to adopt either a mandatory vaccination policy or a weekly testing and face-covering policy for all employees. When the ETS was published, OSHA also stated it was using the ETS as a proposed rule. OSHA is required by federal law to publish and accept public commentary on proposed rules before promulgating a new permanent occupational safety and health standard.
OSHA's Withdrawal
On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) stayed the vaccination and testing ETS. Because of this ruling, OSHA is withdrawing the ETS as an enforceable ETS. However, the agency is not withdrawing the ETS as a proposed permanent rule, and the standard rule-making process will continue.
Impact on State Plans and Employers
States with OSHA-approved plans must implement and enforce workplace standards that are at least as effective as federal standards. However, since there are no new federal vaccination or testing requirements at this time, state plans are not required to take any action.
Similarly, employers are not required to comply with OSHA's ETS at this time. However, employers are still expected to provide a safe and healthy workplace for their employees and follow other existing OSHA COVID-19 guidance. Employers should also monitor OSHA communications for information about the possible permanent standard.
The content herein is provided for general information purposes only, and does not constitute, legal, tax, or other advice or opinions on any matters. This information has been taken from sources which we believe to be reliable, but there is no guarantee as to its accuracy.
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In Case You Missed It! Playback Available on COVID-19 and the Workplace: How to Handle Employee Requests for Medical or Religious Accommodations
The COVID-19 pandemic continues to cause problems for business owners. It may be difficult to understand how to handle requests from employees for medical or religious accommodations.
Join us as we take an in-depth look at the requirements that apply to employers, plus practical information on how to handle these requests.