Effective Date of FFCRA: The Families First Coronavirus Response Act (FFCRA) states that the law is effective no later than 15 days after enactment, which would be April 2, 2020. However, the Department of Labor (DOL) has apparently declared the law effective a day earlier, on April 1, 2020. (Click here.)
Posting Notice of FFCRA to Employees: The FFCRA requires that employers post a notice prepared by, or approved by, the DOL. The DOL has just released a set of posters. (Click here.) I am not aware of what the process is to get a poster “approved” by the DOL. So my advice to employers is to just post the one prepared by the DOL. The FFCRA does not specify a deadline to post the notice; my advice is to post the DOL poster as soon as possible.
Temporary Non-Enforcement by DOL: The DOL has also issued a bulletin stating that it will observe a temporary period of non-enforcement of the FFCRA from March 18 through April 17, 2020. During these first 30 days, the DOL will not bring an enforcement action provided that the employer “has made reasonable, good faith efforts to comply with the Act” which requires that:
- The employer remedies any violations, including by making all affected employees whole as soon as practicable;
- The violations of the Act were not “willful” based on FLSA law; and
- The DOL receives a written commitment from the employer to comply with the Act in the future.
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