DOL Issues Back-to-School Leave Guidance. (Beltway Buzz, August 28, 2020)

• Published date: 31 August 2020
• Subject Matter: Employment and HR, Employee Benefits & Compensation
• Law Firm: Ogletree, Deakins, Nash, Smoak & Stewart
• Author: Mr James J. Plunkett

DOL Issues Back-to-School Leave Guidance. On August 27, 2020, the U.S. Department of Labor's (DOL) Wage and Hour Division (WHD) updated its frequently asked questions regarding paid leave under the Families First Coronavirus Response Act (FFCRA) related to the reopening of schools. The questions address whether paid leave is available when:

• a child attends a school operating on an alternate-day basis [answer: because school is effectively "closed" when children cannot attend in person, employees may take paid leave on days when their children are not permitted to attend school in person];
• a parent chooses remote learning when in-person instruction is available [answer: paid leave under the FFCRA is not available because the school is not "closed" due to COVID-19-related reasons]; and
• a school begins the year with remote learning but may shift to in-person instruction if conditions change [answer: paid leave under the FFCRA is available while the child's school remains closed, but if the school opens, the availability of leave will depend on the school's particular operations].

DOL Issues Telework Guidance. On August 24 2020, the WHD issued Field Assistance Bulletin 2020-5 on "[e]mployers' obligation to exercise reasonable diligence in tracking teleworking employees' hours of work." While the current pandemic is perhaps the impetus for the bulletin, the WHD makes clear that it applies to all telework or remote work situations. Christine Bestor Townsend and Kayla A. McCann have the details.

Wolf Nominated. President Donald Trump announced this week that he would nominate U.S. Department of Homeland Security (DHS) Acting Secretary Chad Wolf to lead the agency on a permanent basis. Of course, the announcement came on the heels of a U.S. Government Accountability Office report that concluded that Wolf had been unlawfully appointed to his acting role. If the nomination is confirmed by the U.S. Senate, watch for Wolf to double down and reauthorize previously promulgated policies (e.g regulations, memoranda, etc.) in an effort to inoculate them from legal challenge.

USCIS Cancels Furloughs. On August 25, 2020 U.S. Citizenship and Immigration Services (USCIS) canceled plans to furlough over 13,000 employees (almost 70 percent of its workforce)-a plan that was set to commence on August 30, 2020 USCIS announced that it would avert the furloughs "as a result of unprecedented spending cuts and a steady increase in daily incoming revenue and receipts." While...