By Tracy Thomas Boland and Chelsie A. Vokes • January 21, 2025
January brought two legal updates in the wage and hour space. Read on!
On January 14, 2025, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter (the “Opinion Letter”), stating that employers cannot force employees to use paid time off when on leave under both the Family and Medical Leave Act (“FMLA”) and a state or local paid family or medical leave program, such as the Massachusetts Paid Family and Medical Leave Act (“PFML”).
As employers may recall, the FMLA regulations permit employers to require the use of employer-provided paid time off, such as vacation or sick time, for any part of an unpaid FMLA leave. At the same time, employers cannot unilaterally mandate the use of paid time off during a period where employees are receiving disability or workers’ compensation benefits because that period would be paid. The Opinion Letter makes clear that this prohibition extends to state or local paid family or medical leave programs, including but not limited to PFML leave.
This should not change the practice of Massachusetts employers as the PFML already prohibits employers from requiring the use of paid time off during PFML leave, even where it overlaps with FMLA leave. However, employers with employees in other states may find that they need to adjust their policies and practices to comply with this new...
In recent years, the intersection of personal injury law and the Racketeer Influenced and Corrupt Organizations Act has become a focal point of discussion in the legal community. Originally design...