JESSON||RAINS ATTORNEYS AT LAW
  • Home
  • Practice Areas
    • Wills and Trusts
    • Business Law & Litigation
    • Construction Contracts and Litigation
  • Team
    • Edward Jesson - Attorney
    • Kelly Rains Jesson - Attorney
    • Danielle Nodar - Associate Attorney
    • Katy Currie - Associate Attorney
    • Sue Lambert - Office Manager
    • ​Ashley Deese ​- Paralegal
    • Shayla Martin - Legal Assistant
  • News & Blog
    • COVID-19 Resources
  • Contact
  • Testimonials
  • Free Resources
    • Business Resources
    • Estate Planning Resources
    • Probate Resources
  • Newsletter
📞 704-444-0594

Blog

The Department of Labor Has Spoken!

4/21/2020

0 Comments

 
Picture
We previously wrote about the Families First Coronavirus Response Act, which expanded emergency FMLA leave to employers with fewer than fifty employees. The Act requires employers to pay partial payments to employees who have to stay home to care for children because no other caretaker is available when that employee cannot telework and would otherwise have work to do at their job. The Act as signed by the President contains a provision stating that the Department of Labor has authority to issue regulations exempting small businesses with fewer than fifty employees from the Act if “the imposition of such requirements would jeopardize the viability of the business as a going concern.”

The Department of Labor has spoken, and we now have the exemption regulations. Instead of a small business potentially being exempted as a matter of course, the regulations are applied on a per-employee basis. A small business employer can deny emergency FMLA leave to an employee if:

     1. such leave would cause the small business's expenses and financial obligations to exceed available business revenue and cause the small business to cease operating at a minimal capacity; OR

     2. the absence of the employee or employees requesting such leave would pose a substantial risk to the financial health or operational capacity of the small business because of the employees’ specialized skills, knowledge of the business, or responsibilities; OR
​
     3. there are not enough workers who are available, able, willing, and qualified to perform the labor or services provided by the employee or employees requesting leave, and those labor or services are needed for the small business to operate at a minimal capacity.

Because it is applied per-employee, and not to the small business as a whole, the small business employer is still required to post the FFCRA notice because the law technically applies to all small businesses. 

An employer does not need to send anything to the Department of Labor if it chooses to exercise the exemption. It needs to keep records of each approval and denial of such leave. If an employer decides to deny an employee’s request for emergency FMLA leave, the employer must document its authorized officer’s determination that the criteria is satisfied. If an employee makes oral statements supporting leave, the employer must document them. Documentation must be retained for at least four years.

If you are a small business owner and wondering how these laws apply to you or your employees, please give Jesson & Rains a call.
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Subscribe to our newsletter.

    Subscribe

    Author

    Kelly Rains Jesson
    ​Edward A. Jesson

    Categories

    All
    529 Plans
    ADR
    Alternative Dispute Resolution
    Amendments
    Asset Protection
    Asset Purchase
    Assumed Business Name
    B-Corps
    Blockchain
    Business
    Business Formation
    Business Law
    Business Litigation
    Business Purchase
    Business Scam
    Business Transactions
    Buy/sell
    Civil Procedure
    Collections
    Community
    Construction
    Contracts
    Copyrights
    Corporations
    COVID 19
    Cryptocurrency
    Data Privacy
    DBA
    Default
    Dissolution
    Elder Law
    Employment
    Estate Planning
    Ethics
    Eviction
    Firearms
    Firearm Trusts
    FLSA
    Guardianship
    Health Care Directive
    Holding Company
    Intellectual Property
    Landlord-Tenant
    Liens
    Litigation
    Living Will
    LLC
    News
    No Surprises Act
    Operating Agreement
    Partnership
    Patents
    Power Of Attorney
    Probate
    Real Property
    Retirement
    Secretary Of State
    Small Business
    Trademarks
    Trade Secrets
    Transactional
    Trusts
    Wills

    RSS Feed

    View my profile on LinkedIn

      Contact us.

    Submit

    Archives

    September 2023
    August 2023
    July 2023
    June 2023
    May 2023
    April 2023
    March 2023
    February 2023
    January 2023
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    March 2016
    January 2016
    December 2015
    November 2015
    October 2015

Picture
Jesson & Rains, PLLC
5821 Fairview Road #218
Charlotte, NC 28209
(704) 444-0594
information@jessonrainslaw.com

By appointment only.

SERVICES

Wills & Trusts Probate
Business Law & Litigation
Construction Contracts & Litigation


Our Attorneys
Location

SUPPORT

Contact
Disclaimer
©Jesson & Rains, PLLC  ALL RIGHTS RESERVED.
  • Home
  • Practice Areas
    • Wills and Trusts
    • Business Law & Litigation
    • Construction Contracts and Litigation
  • Team
    • Edward Jesson - Attorney
    • Kelly Rains Jesson - Attorney
    • Danielle Nodar - Associate Attorney
    • Katy Currie - Associate Attorney
    • Sue Lambert - Office Manager
    • ​Ashley Deese ​- Paralegal
    • Shayla Martin - Legal Assistant
  • News & Blog
    • COVID-19 Resources
  • Contact
  • Testimonials
  • Free Resources
    • Business Resources
    • Estate Planning Resources
    • Probate Resources
  • Newsletter