March 25, 2020
Today, the Department of Labor (“DOL”) revealed the poster that covered employers are required to post to notify employees of their rights under the Families First Coronavirus Response Act (“FFCRA”). A copy of the poster is available here.
The poster must be displayed in a conspicuous place on the employer’s premises. However, since many employees are now working remotely in response to the COVID-19 outbreak, the DOL confirmed that employers can satisfy their poster requirement by sending a copy of the poster by email (or regular mail) to employees. Employers may also simply post the notice on their internal or external websites. As the law goes into effect on April 1, 2020 (previously April 2, 2020), employers should be sure to provide such notice prior to that effective date.
The DOL also posted Frequently Asked Questions regarding the required poster and notice requirements under the FFCRA. Notably, the DOL clarified that the poster is only currently available in English, but the Department is working on translations. At least for the time being, only the English poster is required. Also importantly, employers are only required to notify current employees and new hires. That is, employees who have already been laid off—even recently due to COVID-19—are not required to receive the notice. The FAQ page provided by the DOL is available here.
Of course, the FFCRA contains the two new emergency leave laws that were passed last week in response to COVID-19. The new laws require certain employers (with fewer than 500 employees) to provide emergency paid sick live and emergency paid family leave to eligible employees. A link to our previous posts on the specifics of the new laws can be accessed here.