On March 24, 2020, the Department of Labor (DOL) announced that it will observe a “temporary period of non-enforcement” after the Families First Coronavirus Response Act (FFCRA) goes into effect on April 1, 2020. This period will begin March 18 and continue through April 17, 2020. The DOL will not bring enforcement actions against any public or private employer for violations of the Act occurring within this 30-day period provided that the employer has made reasonable, good faith efforts to comply with the Act.
An employer acts “reasonably” and “in good faith” when the employer (i) remedies any violations, including making all affected employees whole as soon as practicable, (ii) does not violate the act willfully, and (iii) sends the DOL a written commitment of future compliance with the Act. If the employer does not act reasonably or in good faith, the Department has reserved the right to exercise its enforcement authority. After April 17, 2020, the temporary stay on enforcement actions will be lifted and the DOL will enforce any violations of the Act.
In addition, the Department of Labor issued the poster applicable employers must post concerning the FFCRA. The poster can be found on our Resources/Materials page or by clicking here: DOL – FFCRA Poster
Fishel Downey Albrecht and Riepenhoff is actively monitoring updates concerning the FFCRA and other COVID-19 related issues for employers. We are available to address your needs even as we engage in best practices regarding COVID-19. You can reach us at info@fisheldowney.com or (614) 221-1216.