The Department of Labor’s (DOL) Wage and Hour Division has stated it will not bring enforcement actions against any public or private employer for violations of the Families First Coronavirus Response Act (FFCRA) until April 17, 2020, provided the violating employer is not willfully violating the rule, but rather acts “reasonably” and “in good faith.” The employer, however, must remedy any violations as soon as practicable. The employer must provide the DOL a written commitment to comply with the law in the future.
However, if the employer violates the FFCRA willfully, fails to provide a written commitment to future compliance with the FFCRA, or fails to remedy the violation upon notification from the DOL, the DOL may still exercise its enforcement authority.
After April 17, 2020, the DOL’s limited stay of enforcement will be lifted, and it will then enforce violations of the FFCRA, as appropriate.
If you have believe your employer has denied you these rights or otherwise taken wrongful actions towards you related to COVID-19, please contact us at intake@nka.com or by phone at 877.448.0492. We remain dedicated to protecting and advancing the rights of employees and consumers.
This article is meant to be informative, and is not legal advice. Please note that state, federal, and local laws and regulations will continue to evolve as this pandemic continues. If you have questions, Nichols Kaster strongly suggests you consult an attorney.