DOL Announces A Temporary Non-Enforcement Period For The Families First Coronavirus Response Act

Volume: 19 | Issue: 12
March 26, 2020
The U.S. Department of Labor (DOL) has issued a Field Assistance Bulletin to provide guidance to Wage and Hour Division field staff regarding enforcement of the paid leave requirements of the Families First Coronavirus Response Act (FFCRA or Act). The DOL has determined that it will observe a temporary period of non-enforcement of the Act’s paid leave requirements through April 17, 2020 to “enable public and private employers who are covered by the Act to come into compliance with the new statute.”
DOL explains that it “will not bring enforcement actions against any public or private employer for violations of the Act occurring within 30 days of the enactment of the FFCRA, i.e. March 18 through April 17, 2020, provided that the employer has made reasonable, good faith efforts to comply with the Act.” An employer who violates the Act has acted “reasonably” and “in good faith” when all of the following facts are present:
  • The employer remedies any violations, including by making all affected employees whole as soon as practicable.
  • The violations of the Act were not “willful” (i.e., where the employer “either knew or showed reckless disregard for the matter of whether its conduct was prohibited”).
  • The Department receives a written commitment from the employer to comply with the Act in the future.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.

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