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Families First Coronavirus Act (“FFCRA”) Under Attack

Client Alert

In response to the COVID-19 global pandemic, the Families First Coronavirus Act (“FFCRA” or “the Act”) went into effect on April 1, 2020 followed closely behind by the Department of Labor’s (“DOL”) Final Rule on the Act which, collectively, describe the obligations of employers as well as the rights of employees under the FFCRA’s paid sick time and expanded family medical leave provisions.

In response to a legal challenge to the FFCRA by the State of New York, on August 3, 2020, a judge out of the Southern District of New York (“SDNY”) issued a decision vacating certain provisions of the DOL’s regulations. The SDNY Court found the following:

  • The FFCRA’s definition of “health care provider” is “overly broad” as it encompasses employees “whose [workplace] role bears no nexus whatsoever to the provision of healthcare services;”
  • An employer’s ability to provide an employee work to complete may no longer be considered relevant in assessing eligibility for FFCRA leave;
  • Under certain circumstances, an employee may take intermittent FFCRA leave without first obtaining employer approval;
  • The FFCRA’s notice requirement — obligating an employee to submit notice of intent to take leave prior to actually taking it — is not practicable and therefore, in some instances, may be waived, allowing employees to submit notice after their leave begins.

While attacks on the legality of the FFCRA have been levied since its passage by Congress, this is the first official decision handed down by the judiciary. With that said, the SDNY decision is limited in scope as it applies only to that jurisdiction — leaving open the issue of how other courts, as well as the Department of Labor, will respond to the FFCRA challenges.

As questions, concerns and legal guidance continue to evolve with the changing times, it is essential for employers to stay informed. If you need assistance with any issues arising from the COVID-19 pandemic, please contract Jeffrey C. Miller (216.658.2323 | jcmiller@bmdllc.com) or Bryan Meek (330.253.5586 | bmeek@bmdllc.com), or any member of the Labor and Employment Team of Brennan, Manna & Diamond LLC.


CMS Rescinds EMTALA Guidance for Emergency Abortions

On June 3, 2025, CMS withdrew its 2022 guidance on emergency abortion care under EMTALA, eliminating federal protection for providers in states with abortion restrictions. This policy change could significantly impact how hospitals handle emergency care involving pregnancy complications.

Supreme Court Eliminates Higher Burden for Majority-Group Plaintiffs in Title VII Claims

In Ames v. Ohio Department of Youth Services, the U.S. Supreme Court unanimously ruled that all Title VII plaintiffs, whether from majority or minority groups, must meet the same evidentiary standard. The decision eliminates the “background circumstances rule” and reinforces equal treatment in workplace discrimination claims.

Understanding Reasonable Fear vs. Credible Fear Interviews: A Critical Guide for Immigrants Facing Removal

In his latest article, Immigration Attorney and former Immigration Judge Rob Ratliff offers a clear breakdown of Reasonable Fear vs. Credible Fear Interviews—key procedures for noncitizens seeking protection from persecution or torture. Citing Judge Brian Murphy’s recent ruling on unlawful deportations to South Sudan, Ratliff connects these critical legal standards to current judicial developments. Read the full article at www.removal-defense.com.

House Republicans Propose Cuts to Medicaid to Finance Savings

House Republicans have introduced legislative language that proposes substantial cuts to the Medicaid entitlement program, aiming to achieve significant budget savings through policy changes. The proposed measures include stricter eligibility verification, work requirements for certain adults, and federal funding cuts to states providing coverage to undocumented residents. The Congressional Budget Office (CBO) estimates that the proposed healthcare provisions would reduce spending by $715 billion and could result in 8.6 million fewer people having health insurance by 2034.

Protecting Your Image in the Age of AI-Generated “Deepfakes”

The rapid evolution of artificial intelligence (AI) has transformed how we create and consume digital content, but it also poses significant risks. Among the most troubling developments in AI is the proliferation of AI-generated fraudulent content, often called “deepfakes”.