The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently released informal guidance to address some issues arising under the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA) that commonly challenge employers. Field Assistance Bulletin (FAB) No. 2023-1 addresses points such as how to count the number of eligible employees for FMLA and FLSA purposes when taking into account teleworkers, and the interaction of the FMLA with the Americans with Disabilities Act Amendments Act (ADAAA). WHD Opinion Letter FMLA2023-1-A addresses counting hours under the FMLA’s 12-workweeks requirement.
FMLA Eligibility: Counting Remote Employees
One of the criteria for FMLA eligibility is that an employee must work at a worksite where 50 or more employees are employed within 75 miles of that worksite. Prior to COVID-19, remote work was less prevalent. As a result, whether a worksite met the eligibility criteria was often answered by merely confirming a physical headcount at the worksite—but how or whether to include remote employees has raised questions for employers. For FMLA eligibility purposes, an employee’s personal residence is not a worksite. Instead, the employee’s worksite is the office to which he or she reports and from which assignments are made. FAB No. 2023-1 serves as a helpful reminder to employers regarding this regulation. When considering eligibility for remote workers, the DOL guidance points out that “the determination of the...
North Korea on Sunday rejected US allegations of cybercrimes originating from there, calling them "absurd slander" and denying it poses a cyber threat, state media KCNA reported. In 2024, a United...