Employment Law Alert: Mandatory Notice Requirement for Covered Employers Under the FFCRA
March 26, 2020
On March 25, 2020, the U.S. Department of Labor (DOL) released the model notice covered employers are required to post pursuant to the Families First Coronavirus Response Act (FFCRA), along with answers to Frequently Asked Questions about the FFCRA notice requirements.
Private sector employers with fewer than 500 employees, and certain public sector employers regardless of size, are covered by the FFCRA and are required to post notice to employees of their rights under the Act. In accordance with the Act, the notice must be posted “in conspicuous places on the premises of the employer where notices to employees are customarily posted.” Of particular importance to employers whose workforce may now be working remotely, the FAQs on the DOL website provide that employers may also satisfy the notice requirement by emailing or direct mailing the notice to employees or posting the notice on an employee information internal or external website. Covered employers must post the notice regardless of whether state law requires greater protection. Employers are not presently required to post the notice in multiple languages, however DOL is working to make the notice available in languages other than English.
The FFCRA notice requirements apply exclusively to current employees. Covered employers are not required to provide the notice to recently laid-off individuals or prospective employees. Covered employees must, however, provide notice to any new hires.
Effective April 1, 2020, the FFCRA requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. DOL has also issued the following helpful guidance related to the newly implemented Act: 1) Employee Paid Leave Rights; 2) Employer Paid Leave Requirements; and 3) Questions and Answers.
Shulman Rogers is making every effort to stay current with developments in this new law. Given this updated summary and guidance from the DOL directly, Shulman Rogers strongly encourages all employers to review, understand and comply with the terms of the FFCRA as detailed in the DOL’s guidance using the links provided herein. DOL is also encouraging employers to continue to check its Wage and Hour Division’s website or sign up for Key News Alerts to ensure they remain current with all notice requirements.
Please contact us if you have any questions about the Act or would like to discuss this further.
The contents of this Alert are for informational purposes only and do not constitute legal advice. If you have any questions about this Alert, please contact the Shulman Rogers attorney with whom you regularly work or a member of the Shulman Rogers Employment and Labor Law Group.