On March 26th, the Department of Labor (“DOL”) issued additional guidance regarding the Families First Coronavirus Response Act. In its new FAQs published to its website, the DOL establishes that the notice posting requirement can be met by either posting on the premises and/or emailing or mailing the notice to employees. Notice can also be achieved by posting on an employee information internal or external website. The additional guidance advises that the notice requirements only apply to current employees; laid off workers do not have to be provided the notice. https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions
DOL has also released a Notice for posting: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf
Further, the Wage & Hour Division (“WHD”) has published a “Field Assistance Bulletin,” which contains enforcement guidance and indicates that the DOL will not bring enforcement actions against any employer for violations of the Act occurring within 30 days of the FFCRA’s enactment (March 18 through April 17, 2020) provided the employer has made reasonable, good faith efforts to comply with the Act. The employer must remedy any violations as soon as practicable and the violations must not be “willful.” https://www.dol.gov/agencies/whd/field-assistance-bulletins/2020-1
Finally, the Treasury Department has announced details on how employers can take advantage of the FFCRA payroll tax credits. https://www.dol.gov/newsroom/releases/whd/whd20200326
If you have any further questions, please do not hesitate to contact any member of the Taylor Porter Employment, Labor & Benefits Practice Group.
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