March 26, 2020

Families First Coronavirus Response Act Update

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March 26, 2020

Jeffrey A. Calabrese
Member, Stoll Keenon Ogden LLC
Labor, Employment & Employee Benefits

Yesterday, the U.S. Department of Labor (the “DOL”) unveiled its new Families First Coronavirus Response Act posting, which is to be physically posted with other labor law postings, and provided to current employees and new hires working remotely through U.S. mail, electronic mail, or posting on an employee website. The DOL provided online guidance regarding this posting.

The DOL announced earlier this week that the Act will take effect April 1, 2020 (and not April 2, 2020, as many commentators previously assumed). The DOL has also issued informal FAQ-type guidance on the Act itself, bearing on topics such as:

– the appropriate method for determining whether an employer is under the 500-employee threshold used by the Act;

– how the Emergency Family and Medical Leave Act and Paid Sick Leave Act components of the Act work together;

– the DOL’s plans for small employers (under 50 employees) seeking an exemption from the Act’s provisions; and

– whether employers can get “credit” for paid sick leave provided before April 1.

The DOL is expected to release formal regulations further clarifying the Act within the next week.

Stoll Keenon Ogden understands that these are trying times for our clients and our country. Our firm operations have continued uninterrupted and our attorneys are equipped to serve as we always have – for over 120 years. If you would like to discuss the Families First Coronavirus Response Act, the effects of the COVID-19 pandemic on your operations, or any other important matters, please do not hesitate to contact your trusted SKO professional.

Please also be sure to check out the Stoll Keenon Ogden Coronavirus Resource webpage for additional articles and information related to the latest information on new laws and directives enacted by federal, state, and local governments in response to the Coronavirus pandemic.