Reminder: The 30-Day FFCRA "Grace Period" Ends on April 18
As hard as it may be to believe, the Families First Coronavirus Response Act (“FFCRA”) was enacted nearly one month ago on March 18, 2020. By now, covered employers – those with fewer than 500 employees (with certain exceptions) -- are hopefully well-versed in their obligations under the FFCRA, which include providing Emergency Paid Sick Leave and Emergency FMLA Leave. If they are not, time is running out, as the 30 day “grace period” implemented by the U.S. Department of Labor (“DOL”) expires on April 18, 2020.
In late March, the DOL announced that it would not bring enforcement actions against any covered employer for violations of the FFCRA that occurred within 30 days of the FFCRA’s enactment if the employer has made reasonable, good faith efforts to comply with the Act. The DOL stated that an employer that has violated the FFCRA has acted “reasonably” and “in good faith” when it:
Remedies any violations, including by making all affected employees whole as soon as practicable;
Did not know of or did not show reckless disregard for its obligations under the FFCRA; and
Commits in writing to comply with the FFCRA in the future.
It is important to note, however, that this “grace period” is not a “get out of jail free” card. An aggrieved employee can directly sue an employer under the FFCRA and, if successful, recover his/her attorney’s fees and liquidated damages.
Given these significant penalties, covered employers would be wise to familiarize themselves with their obligations under the FFCRA. For questions about this or any other labor and employment law topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac. To stay on top of the labor and employment law developments that affect your workplace, please subscribe to our blog and follow us on social media.