Please note that the Department of Labor has determined that the effective date for the Families First Coronavirus Response Act (FFCRA) will be April 1, 2020. The text of the FFCRA states that the act takes effect “not later than 15 days after the date of enactment.”

In our previous communication on the FFCRA Update, we stated the effective date would be April 2, 2020.  The DOL has made it clear that this is not the case and that the law will be effective April 1, 2020.

Non-enforcement period announced

Although employers will face penalties for violations, the DOL announced a non-enforcement period for employers that make good faith compliance efforts. Enforcement measures will begin April 18, 2020. The department will focus on compliance assistance until then and noted that “good faith” means “violations are remedied and the employee is made whole as soon as practicable by the employer, the violations were not willful, and the department receives a written commitment from the employer to comply with the act in the future.”

Exemptions for private entities

The DOL also announced its plan to codify exemptions for certain private entities employing fewer than 50 employees. Employers choosing to seek this exemption may need to document why their business meets the criteria for an exemption. You should not send any materials to the Department of Labor when seeking a small business exemption for paid sick leave and expanded family and medical leave. Visit the DOL site for FFCRA frequently asked questions.

We continue to update our Coronavirus Resources Page. KRS professionals are available and working remotely. Please contact us if you have any questions, concerns, or need advisement during this unprecedented time.