On March 26, 2020, the U.S. Department of Labor published a Field Assistance Bulletin and additional answers to what it anticipates are Frequently Asked Questions about the FFCRA’ s posting obligations.
The Field Assistance Bulletin No. 2020-1 announced that the Department would take a nonenforcement position during the first 30 days when the Act is in effect so long as the employer 1) remedies any violations by making the affected employees whole as soon as practicable; 2) the violations were not willful (i.e., the violations were not knowingly made or made recklessly); and 3) the employer commits, in writing, to future compliance with the Act.
The new FAQ answers a variety of questions about the mandatory posting of rights and responsibilities under the Emergency Paid Sick Leave Act and the Family and Medical Leave Expansion Act. The Families First Coronavirus Response Act Notice – Frequently Asked Questions can be reviewed here.