On March 24, 2020, the United States Department of Labor ("DOL") issued limited guidance regarding the Families First Coronvirus Response Act (the “Act”).
Most importantly, the DOL identified April 1, 2020 as the Effective Date of the Act, contrary to the conclusion of most observers that the Act would go into effect on April 2, 2020. Accordingly, employers of all sizes should plan to come into compliance on April 1, 2020. The DOL also clarified that the Act is not retroactive. The DOL also advises not to send requests for the small business exemption to the department, and that it will issue regulations regarding the small business exemption at a later date.
DOL issued a Fact Sheet for Employees , a Fact Sheet for Employers, and Questions and Answers.
The DOL also issued the Notice for employers to “post conspicuously” in the workplace. The Notice is located here. Given that a poster in the workplace during this particular crisis would not be “conspicuous” to employees, employers should consider getting the Notice out to employess through electronic methods, such as email or internal websties, along with posting it at the workplace when it is safe to return. The DOL guidance states that emailing or direct mailing the notice to employees will satisfy this requirement.
