Shortly after publishing its FAQ on the Families First Coronavirus Response Act (the “Act”), the Department of Labor (DOL) issued Field Assistance Bulletin No. 2020-1 (the “Bulletin”).
The Bulletin announces a temporary delay in the enforcement of the Act, which goes into effect on April 1, 2020.
The DOL states that it will not bring enforcement actions against employers who are making a good faith effort to comply until after April 17, 2020.
If your business is subject to the Act, you should begin making changes to comply with its requirements.
The Bulletin states:
The Department 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 Act, i.e. March 18 through April 17, 2020, provided the employer has made good faith efforts to comply with the Act.
The DOL sets forth three conditions, all of which must be present for an employer to be treated as having made a good faith effort to comply:
The stay on enforcement will be lifted on April 17, 2020.
In the meantime, the DOL will take enforcement action against an employer who violates the Act willfully, fails to provide a written commitment to the DOL regarding future compliance with the Act, or fails to remedy the violation.
While not permanent, this temporary stay should give employers some breathing room while trying to figure out how to comply.
Is your business affected by the DOL’s Bulletin?