Department of Labor Provides New Guidance and Resources on Compliance with Federal Laws Amidst On-Going COVID-19 Pandemic

Department of Labor Provides New Guidance and Resources on Compliance with Federal Laws Amidst On-Going COVID-19 Pandemic

August 3, 2020

As employment law continues to evolve during the ongoing pandemic crisis, the U.S. Department of Labor’s Wage and Hour Division (WHD) has continued to published new guidance materials for employees and employers regarding compliance with Families First Coronavirus Response Act (FFCRA), in addition to the Fair Labor Standards Act (FLSA), and the Family and Medical Leave (FMLA).

Recently, the WHD published a comprehensive Question & Answer (Q&A) resource that address employers and employees responsibility and rights with respect to paid sick and expanded family and medical leave under the FFCRA, leave due to COVID-19 under the FMLA, and the payment of wages in the age of COVID-19 under the FLSA.  Employers are encouraged to review these guidance materials to ensure compliance with these federal laws.

A host of additional FFCRA compliance assistance published by the WHD is available on their Coronavirus dedicated website, which include a short Fact Sheet for Employees and for Employers, and Quick Benefits Tips that succinctly summarizes the amount of paid leave employees are entitled to take.

Among the most valuable resource published by the WHD is its guidance posters (one for all employees in general and another for just federal employees), which fulfill a covered employer’s obligation to inform its employees of their rights under FFCRA.  Like other federally-mandated posters, we remind covered employers that this notice must be posted in a conspicuous place on its premises where it is easily visible to all employees.  In light of the widespread use of remote working, the WHD has expressly allowed employers to satisfy its notice requirement by emailing or directly mailing the notice to its employees, or alternatively, post the notice on its intranet or external website available to employees.  Employers are encouraged to visit the WHD’s Q&A page to ensure compliance with the FFCRA posting requirements