New DOL poster released for Families First Coronavirus Response Act (FFCRA)

There is a required poster for the Families First Coronavirus Response Act (FFCRA), now available here. This poster must be provided to all current employees (not those already laid off), either by posting in each workplace (where other posters are located) or direct mailing it to employees or posting it on an intranet.

Enforcement

The Department of Labor clarified yesterday the enforcement provisions for the new paid leave laws. The paid sick leave (2 weeks or 80 hours for full-time employees) will be enforced under the penalty provisions of the Fair Labor Standards Act (FLSA). The emergency FMLA will be enforced under the penalties under the Family and Medical Leave Act (FMLA). Both laws prohibit retaliation against employees for using the new types of leave.

There is a 30-day period of non-enforcement if the employer acts “reasonably” and “in good faith” and corrects violations as soon as practicable and assures the Department of Labor that the employer will comply going forward. Bad faith violations will not be subject to this 30-day non-enforcement period. This 30-day period runs through April 17th.

Because this situation is changing rapidly and these laws are complex, it is important to seek out counsel in complying with these new laws related to COVID-19.