Guidance #2 from the DOL on the FFCRA

In case you were waiting to exhale, here is the latest, hot off the presses. Last night the DOL issued its Second Guidance on the Families First Coronavirus Response Act, now endearingly known as the FFCRA.

Posters:

The new Guidance provides a poster for employers to inform employees of their rights under the FFCRA. "Each covered employer must post a notice of the Families First Coronavirus Response Act (FFCRA) requirements in a conspicuous place on its premises."

For those employers that are closed or the majority of their workforce is teleworking, the DOL suggests: "An employer may satisfy this requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website."

The DOL published this handy Frequently Asked Questions to respond to all of your burning questions. And no, laid off employees do not have to receive the notice.

Enforcement: How nice of them

In its Bulletin, the DOL stated that it will hold off enforcement for one month. "The Department will not bring enforcement actions against any public or private employer for violations of the Act occurring within 30 days of the enactment of the FFCRA, i.e. March 18 through April 17, 2020, provided that the employer has made reasonable, good faith efforts to comply with the Act." After that . . . all bet's are off.

In closing, Wage and Hour Division Administrator Cheryl Stanton, “These critical protections will provide a lifeline to untold numbers of struggling families, and to countless employers trying to balance their business needs with the needs of their workers, their communities and their own families.”

If you need assistance integrating the FFRCA, unemployment and CARES, and how to implement these provisions for your workforce, I am offering discounted half hour and hour consultations. Please email me at [email protected]

Christina M. Reger is the Founding Partner of the Law Offices of Christina Reger, LLC. She is licensed in Pennsylvania and New Jersey. Christina works with businesses and corporations to prevent litigation from employees and applicants by ensuring that the employer has the proper policies and procedures in place, providing training and educating staff, and generally reviewing the operation to ensure compliance with the morass of employment laws. Christina offers a unique fee structure that provides predictability and accessibility to the legal services her clients need.