Today, the State of New York filed a lawsuit in federal district court challenging several provisions of the federal Department of Labor's new final rule implementing the paid leave provisions of the Families First Coronavirus Response Act. In particular, New York argues that the rule is inconsistent with the law in four ways. According to the complaint, the rule:
(1) improperly prohibits the use of intermittent leave without an employer's consent;
(2) exempts too broad a class of workers under the definition of "health care provider";
(3) demands excessive documentation in order to take leave; and
(4) by denying access to paid leave if an employer does not have work for an employee.
New York is asking the court to declare these provisions of the regulation unlawful.