Bloomberg Law
March 24, 2020, 10:37 PM

Labor Department Clarifies Virus-Related Paid Leave in Guidance

Ben Penn
Ben Penn
Reporter

Businesses won’t be able to count independent contractors toward the 500-employee minimum needed to avoid having to pay workers emergency leave under the coronavirus relief law, but they can include some temporary workers provided by staffing firms in the headcount, the Labor Department said.

In question-and-answer guidance posted Tuesday, the DOL’s Wage and Hour Division also said small businesses with fewer than 50 workers can qualify for an exemption from the law by documenting that their viability would be jeopardized by providing the required paid sick and other leave to workers affected by the pandemic. The department said it will ...

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