United States:
UPDATE: Withdrawal Of DOL Guidance On Compensability Of Time Spent Undergoing COVID-19 Health Screenings, Testing, And Vaccinations
25 January 2022
Ford & Harrison LLP
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The U.S. Department of Labor (DOL) on January 24, 2022 removed,
without explanation, from its website Fact Sheet #84 addressing the
compensability of time spent undergoing COVID-19 health screenings,
testing, and vaccinations under the Fair Labor Standards Act
(FLSA). Presumably, the DOL reconsidered its guidance following the
U.S. Supreme Court's decision to stay the OSHA Vaccination
and Testing Emergency Temporary Standard (ETS). This action by the
DOL reflects the shifting nature of positions taken by government
agencies addressing COVID-19 issues and litigation
developments.
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