Since the Senate passed and the President signed into law the Families First Coronavirus Response Act (the “Act” or “FFCRA”), the Department of Labor has issued guidance regarding the Act as well as a mandatory workplace notice that employers must provide to employees.
How to Comply with the Mandatory Notice Requirement
Each covered employer can satisfy this mandatory notice requirement in one of the following ways:
- Posting the Act’s notice in a conspicuous place on its premises where it is easily visible to all employees;
- Emailing or directly mailing the Act’s notice to all employees (including new hires); or
- Posting the Act’s notice on an employee information internal or external website.
For now, the notice only needs to be posted in English, but the Department of Labor is translating it into other languages, so employers should continue to check the Department of Labor’s website for up-to-date notice requirements here.
Frequently asked questions about the posting requirements can be found here, and links to both federal employees and all other employees workplace posters can be found below:
The Department of Labor has also issued a field assistance bulletin stating that between March 18, 2020 and April 17, 2020, it will bring no FFRA enforcement actions against employers that have made reasonable, good faith efforts to comply with the statute, provided that:
- The employer must remedy its violations, including by making all affected employees whole as soon as practicable;
- The violation must not be “willful”; and
- The employer must commit, in writing, to the Department of Labor that the employer will comply with the FFCRA in the future.
If the employer (i) willfully violates the Act; (ii) fails to commit, in writing to comply with it in the future, or (iii) fails promptly to remedy the violation, the Department, reserves its right to exercise its full enforcement authority.
After April 17, 2020, Department of Labor will fully enforce the FFCRA, as appropriate and consistent with applicable law.
A link to the Department of Labor’s field assistance bulletin can be found here.
This summary is presented for informational and educational purposes only, does not constitute legal advice, nor create an attorney-client relationship. For a full understanding of the issues, please contact counsel of your choice.