Small Business Alert—Families First Coronavirus Response Act, by Matthew Nee
The federal government has enacted The Families First Coronavirus Response Act (“FFCRA”). In response, the Department of Labor (“DOL”) has issued guidance and a poster that employers are required to post. In part, the guidance requires: “Each covered employer must post in a conspicuous place on its premises a notice of FFCRA requirements.”
There are certain exceptions, which might or might not apply to your business. Per the DOL: “Small businesses with fewer than 50 employees may qualify for exemption from the requirement to provide leave due to school closings or child care unavailability if the leave requirements would jeopardize the viability of the business as a going concern.” The DOL hasn’t issued guidance on this yet. It's expected in April.
It might seem strange that the posting requirement has been issued but the guidance to the excepted small business hasn’t been fully developed. But, then again, this a rapidly moving train, and federal agencies are jumping on as fast as they can. Until then, you can view the DOL’s Q&A page and, of course, contact NLF with any questions you might have.
Employers, please post the poster in a conspicuous location the next time you’re in your office. You can—and should—also e-mail it to all your employees. NLF recommend that you do this, considering that no one will see the notice until after they come back to the office in a week or so.
Let Nee Law Firm know if you have any questions. We’re all in this together!
Here’s a link to the DOL’s preliminary guidance: https://www.dol.gov/agencies/whd/pandemic/ffcra-employer-paid-leave#_ftn7
Here’s a link to the required poster: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf
Here’s a link to the DOL’s Q&A on the topic: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions