On August 3, 2020, a court in the Southern District of New York vacated portions of the Department of Labor’s Regulations Regarding the Families First Coronavirus Response Act (FFCRA) (discussed here). In the wake of that decision, employers have scrambled to understand how to proceed and wondered whether the DOL would update or revise

Brittany Sachs
Brittany Sachs is a litigator representing employers in a range of employment matters, including discrimination, harassment, retaliation, and wage-and-hour disputes. Her experience includes class actions, representative actions, and single-plaintiff cases in state and federal courts and arbitrations. She also has represented employers in response to charges filed with administrative agencies, including the Equal Employment Opportunity Commission (EEOC).
DOL Issues Guidance for Tracking Non-Exempt Remote Workers’ Time
In response to the COVID-19 pandemic, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin No. 2020-5 (Bulletin) in late August 2020 that addressed the subject of an employer’s obligation under the Fair Labor Standards Act (FLSA) to exercise reasonable diligence in tracking the hours of work for non-exempt employees working remotely. The…