On March 25, 2020, the Department of Labor (“DOL”) released a Workplace Poster for employers regarding COVID-19 and the Families First Coronavirus Response Act (“FFCRA” or “the Act”).  Pursuant to the FFCRA, employers must post a notice to employees informing them of their rights under the Act.  The poster can be found online at: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf

Other important updates released by the DOL regarding the FFCRA:

  • The effective date of the FFCRA is April 1, 2020.

Small Business Exemption (“Exemption”):

  • The Exemption is available for businesses with fewer than 50 employees when providing child-care related paid sick leave and expanded family and medical leave would jeopardize the viability of the business as a going concern.
  • To elect the Exemption, the DOL recommends:
    • You document why your business with fewer than 50 employees meets the criteria set forth by the DOL, which will be addressed in more detail in forthcoming regulations.
    • You should not send any materials to the DOL when seeking the Exemption.

The DOL has released additional guidance on the FFCRA, both for employers and employees, including information on calculating hours for part-time workers for purposes of paid sick leave, calculation of hours when an employee usually works overtime, and calculating whether an employee has been employed for at least 30 calendar days.  This information, and other guidance, can be found at: https://www.dol.gov/agencies/whd/pandemic

We will provide additional updates on the FFCRA as they occur, and on Phase III legislation, which is expected to be enacted in the coming days.  As always, if you have any questions, please do not hesitate to contact our office.

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