On March 24, 2020, the Department of Labor published Field Assistance Bulletin No. 2020-1 in which it explained that it would not pursue enforcement actions against public or private employers who make reasonable, good faith efforts to comply with the Families First Coronavirus Response Act (“FFCRA”). In determining whether an employer acted” reasonably” and “in good faith,” the DOL will consider three factors:
- Whether the employer remedied any violations as soon as practicable;
- Whether the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited;
- Whether the employer provided the DOL a commitment to comply with the FFCRA in the future.
Importantly, the limited stay of enforcement is only in effect until April 17, 2020. Nevertheless, this limited stay of enforcement is good news for employers trying to comply with the newly enacted legislation. Read the full bulletin.
The team at RumbergerKirk will monitor all legislation, federal laws and agencies and keep our clients updated so they can make correct decisions.
