UPDATE: Withdrawal of DOL Guidance on Compensability of Time Spent Undergoing COVID-19 Health Screenings, Testing, and Vaccinations

Date   Jan 24, 2022

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. 

If you have any questions regarding these developments, please contact the author, Rick Warren,, a partner in our Atlanta office and a member of FordHarrison’s Coronavirus Taskforce. Of course, you can also contact the FordHarrison attorney with whom you usually work.