DOL Issues Temporary Period of Non-Enforcement of FFCRA

The Families First Coronavirus Response Act (FFCRA) becomes effective April 1, 2020.  

The Department of Labor requires that all employer post the following Notice at a conspicuous place on the premises: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf

  • Email Notice:  An employer can satisfy the notice requirement by emailing this notice to all current employees in addition to posting in a conspicuous place.

  • Employers do NOT have to share this notice with laid-off employees.

  • New Hires: The DOL does not require that employers share this with job applicants; however, new-hires must be provided with this Notice.

DOL Period of Non-Enforcement

The DOL issued a Field Assistance Bulletin regarding the Requirements of the FFCRA.  As we know, the FFCRA goes into effect April 1, 2020. However, the DOL is implanting a temporary period of non-enforcement from March 18 through April 17.  The Period of Non-Enforcement applies to the company so long as the employer has “made reasonable, good faith efforts to comply with the Act.”

In other words, if a company is found to be in violation of the Act prior to April 17, 2020, the DOL will not issue a violation so long as it finds that the company made reasonable good faith efforts to comply, which means:

  • The Employer remedies any violations, including by making all affected employees whole as soon as practicable.  

  • The violations of the Act were not “willful.” (Willful means that the employer knew or showed reckless disregard for the matter of whether its conduct was prohibited by statute.”)

  • The DOL receives a written commitment from FSL that it will comply with the Act in the future.

After April 17, 2020, the DOL will enforce the FFCRA in accordance with the law.

We understand that this is a complicated time on many levels. We hope that everyone is safe and healthy. Employers should not hesitate to contact us with any questions or concerns. We are here to help you navigate this challenging time.

Susie Cirilli