COVID-19 Update: What You Need to Know About the New DOL Notice

COVID-19 Update: What You Need to Know About the New DOL Notice

March 26, 2020

President Donald J. Trump signed the Families First Coronavirus Response Act (“Families First Act”) on March 18, 2020.  On March 25, 2020, the U.S. Department of Labor (“USDOL”) released the Notice of Families First Act requirements (the “Notice”) to be displayed by covered employers. 

We provided an overview of some key provisions of the Families First Act in our March 23rd alert.  We know employers have questions about their obligations to publicize the Notice to their employees. Here are some answers:

Who Is A “Covered Employer?”
Private sector employers with fewer than 500 employees, and certain public sector employers.

When Does The Families First Act Take Effect?
April 1, 2020.

Is There An End Date?
Right now, it’s December 31, 2020.

Can the Notice be Posted Electronically? How Will Remote Employees See It?
Covered Employers must post the Notice in a conspicuous place on their premises. A Covered Employer may satisfy this requirement by emailing or direct mailing the notice to employees, or posting it on an internal or external employee information website.

Not All My Employees Speak English; Do I Have To Post The Notice In The Other Languages Spoken By My Employees?
At this time, Covered Employers are not required to post the Notice in multiple languages, but the USDOL is working to translate it into other languages.

I Just Reduced My Workforce; Do I Have To Share The Notice With Recently Laid-Off Employees?
No, the Families First Act requirements apply only to current employees.

My State Provides Greater Employee Protections Than The Families First Act Does; Do I Still Have To Display the Notice?
Yes.

My Employees Report To Different Buildings/Locations.  Can I Post This Notice In Our Principal Office?
The Notice has to be posted where it will be seen by employees.  If employees report to the principal office before going elsewhere, then the Notice can be posted there.  But if some employees work only at other sites, the Notice must be conspicuously displayed in those locations too. 

Where Can Covered Employers Get The Notice?
Contact the USDOL’s Wage and Hour Division at 1-866-4-USWAGE (1-866-487-9243). Or you can go to https://www.dol.gov/agencies/whd/posters and print copies, free of charge.