Department of Labor Issues Updated Guidance Regarding the Families First Coronavirus Response Act

Mar 28, 2020

On March 24 and 26, 2020, the Department of Labor issued updated guidance regarding the Families First Coronavirus Response Act (“FFCRA”).   Specifically, the guidance addresses how employers should handle employee leave under the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLA”).   The updated guidance addresses the following issues:

  • How to count employees for the 500-employee threshold
  • Documentation required to qualify for the small business exemption
  • Calculating hours and rates of pay
  • Effective date and retroactivity
  • Documentation required from employees who request leave
  • Teleworking
  • Intermittent leave
  • How worksite closures, furloughs, and reduction of hours impact employer liability
  • Tax credit limitations
  • Interplay between existing leave and supplemental leave under the FFCRA
  • Impact of collective bargaining agreements

The Department of Labor’s FAQs can be found here.

Please contact a Tueth Keeney attorney with any questions about your organization’s compliance with FFCRA.

Labor and Employment – Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C. has successfully represented a number of businesses, large and small, throughout the Midwest in labor and employment matters. Our broad range of experience includes employment discrimination litigation, wage-hour investigations, affirmative action revision plans development, INS audits, and a variety of traditional labor matters.