Federal Court Overturns Portions of FFCRA Rules

Last week, the Southern District of New York issued an opinion finding that the Department of Labor (DOL) exceeded its authority by issuing certain rules implementing the Families First Coronavirus Response Act (FFCRA). Specifically, the Court found to be invalid (1) the portions of the rules requiring employees to have work available to them to be eligible for leave, (2) the expansive definition of “healthcare provider”, (3) the requirement that the employer consent to intermittent leave, and (4) the timing of the documentation requirement.

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NYC Finalizes Exceptions to Prohibition on Pre-Employment Marijuana Testing

Since May 10, 2020, employers in New York City have been prohibited from requiring a prospective employee to submit to testing for the presence of any marijuana or tetrahydrocannabinols in their system as a condition of employment, unless otherwise provided by law. The NYC Commission on Human Rights recently adopted regulations identifying which positions qualify for the exemption to the testing ban based on their potential to significantly impact the health or safety of employees or members of the public.

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