Last week, we wrote about the passage of the Family First Coronavirus Response Act (“FFCRA”). As mentioned in that piece, the FFCRA stated that various federal agencies would be issuing additional guidelines as a means of clarifying the new, sweeping law.
On Tuesday, March 24, 2020, the U.S. Department of Labor’s Wage and Hour Division (“DOL”) announced its first round of published guidance to provide information to employees and employers about how each will be able to take advantage of the protections and relief offered by the FFCRA when it takes effect on April 1, 2020. Yes, you heard that right! Although, the language in FFCRA itself states that it becomes effective “not later than 15 days after the date of enactment,” which is April 2, 2020, the DOL opted to enact the law one day earlier than previously anticipated. Therefore, covered employers must comply with the FFCRA beginning on April 1, 2020 and until the law expires on December 31, 2020.
The guidance provided by the DOL can be found here:
This guidance addresses critical questions, such as how an employer must count the number of their employees to determine coverage; how small businesses can obtain an exemption; how to count hours for part-time employees; and how to calculate wages employees are entitled to under this law.
A day later, the DOL released the required notification poster for the FFCRA that needs to be posted in workplaces and distributed electronically to remote workers. The workplace poster required by most employers can be found here.
We will continue to monitor the situation and post updates as soon as more information is released. If you have any questions about the new guidance from the DOL, please do not hesitate to contact us.