• About
    ▼
    • Contact Us
    • Our History
    • Why Brokers Matter
    • Success Stories
    • Frequently Asked Questions
  • Insurance Coverages
    ▼
    • Workers Compensation
    • Directors and Officers
    • General Liability
    • Commercial Auto and Property
    • Umbrella
    • Volunteer Accident
    • Bonds for Nonprofits
    • Pollution
  • Who We Insure
    ▼
    • Conservation Corps
    • Trails and Biking Organizations
    • Land Trusts and Conservancies
    • Wilderness Alliances
    • Botanical Gardens/Public Gardens/Arboretums
    • Environmental Education Organizations and Outdoor Leadership Schools
    • Fire Safe Councils and Private Forestry Contractors
    • Municipalities
    • NonProfit Friends Groups and Alliances
    • AmeriCorps Programs
  • Financial Assurances
  • Conservation Safety
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
Conservation United Conservation United Request A Quote
  • Home
  • About
    • Contact Us
    • Our History
    • Why Brokers Matter
    • Success Stories
    • Frequently Asked Questions
  • Insurance Coverages
    • Workers Compensation
    • Directors and Officers
    • General Liability
    • Commercial Auto and Property
    • Umbrella
    • Volunteer Accident
    • Bonds for Nonprofits
    • Pollution
  • Who We Insure
    • Conservation Corps
    • Trails and Biking Organizations
    • Land Trusts and Conservancies
    • Wilderness Alliances
    • Botanical Gardens/Public Gardens/Arboretums
    • Environmental Education Organizations and Outdoor Leadership Schools
    • Fire Safe Councils and Private Forestry Contractors
    • Municipalities
    • NonProfit Friends Groups and Alliances
    • AmeriCorps Programs
  • Financial Assurances
  • Conservation Safety

DOL Issues Temporary Nonenforcement Policy for Coronavirus Paid Leave Rules

Date: March 30, 2020
Category:
  • HR Compliance Bulletin
Author: Conservation United

The U.S. Department of Labor (DOL) has directed its field staff to observe a temporary nonenforcement period for the paid leave provisions of the Families First Coronavirus Response Act (FFCRA).

Issued on March 24, 2020, the DOL’s Field Assistance Bulletin No. 2020-1 (FAB) indicates that the agency will not take any enforcement actions against FFCRA-covered employers between March 18 and April 17, 2020, as long as these employers make reasonable, good faith efforts to comply with the law.

The FFCRA, enacted on March 18, 2020, requires employers with fewer than 500 employees to provide paid leave for their employees, either for the employees’ own health needs or to care for their family members, for reasons related to the coronavirus (COVID-19) pandemic. According to the DOL, the agency will focus on helping employers come into compliance with the FFCRA during the temporary nonenforcement period. This Compliance Bulletin provides the DOL’s guidance.

Action Steps

During this time, employers should:

  • Become familiar with their obligations under the FFCRA and with the DOL’s guidance regarding its enforcement of these provisions;
  • Monitor the IRS’ Coronavirus Tax Relief website;
  • Closely monitor the CDC, WHO and state and local public health department websites for information on the status of the coronavirus; and

Consider measures that can help prevent the spread of illness, such as allowing employees flexible work options, like working from home.  

DOL’s Enforcement Guidance

The DOL will not bring enforcement actions against any public or private employer for violations of the FFCRA occurring within 30 days of its enactment, (March 18 through April 17, 2020), provided that the employer has made reasonable, good faith efforts to comply with the law.  For purposes of this non-enforcement position, an employer who is found to have violated the FFCRA acts “reasonably” and “in good faith” when all of the following facts are present:

  • The employer remedies any violations, including by making all affected employees whole as soon as practicable (as explained in a Joint Statement issued on March 20, 2020, this program is designed to ensure that all covered employers have access to sufficient resources to pay required sick leave and family leave wages);
  • The violations were not “willful” based on the criteria set forth in McLaughlin v. Richland Shoe (the employer “either knew or showed reckless disregard for the matter of whether its conduct was prohibited…”); and
  • The DOL receives a written commitment from the employer to comply with the FFCRA in the future.

DOL’s Enforcement Guidance

The DOL reserves its right to exercise its enforcement authority if the public or private employer either:

  • Violates the law willfully;
  • Fails to provide a written commitment to future compliance with the law; or
  • Fails to remedy the violation upon notification by DOL, the employee seeking payment, or a representative of that employee, including by making all affected employees whole as soon as practicable.

After April 17, 2020, this limited stay of enforcement will be lifted, and the DOL will fully enforce violations of the FFCRA, as appropriate and consistent with the law.

Primary Sidebar

Recent Posts

  • Foreign Entity Registration – Organizations that are expanding, working in other States.
  • General Liability Exposures Every Conservation Organization Should Know
  • Using Small Equipment Safely on Trail Projects
  • Hiring a Subcontractor? Conservation United’s Subcontractor Management Plan can help!
  • 5 HR Trends to Monitor in 2022

Recent Comments

    Archives

    • October 2022
    • September 2022
    • March 2022
    • February 2022
    • January 2022
    • December 2021
    • November 2021
    • October 2021
    • September 2021
    • August 2021
    • July 2021
    • June 2021
    • May 2021
    • April 2021
    • March 2021
    • February 2021
    • January 2021
    • December 2020
    • October 2020
    • September 2020
    • August 2020
    • July 2020
    • June 2020
    • May 2020
    • April 2020
    • March 2020
    • February 2020
    • January 2020
    • December 2019
    • September 2019

    Categories

    • Business Insurance
    • California
    • Colorado
    • HR Compliance Bulletin
    • Insurance
    • Legal Update
    • Maryland
    • New York
    • OSHA
    • Safety Matters
    • Uncategorized
    • Wage & Hour
    • Workers Compensation

    Meta

    • Log in
    • Entries feed
    • Comments feed
    • WordPress.org
    (855) 570-2797
    Request A Quote
    • Home
    • Contact Us
    • About
    • Insurance Coverages
    • Who We Insure
    • Financial Assurances
    • Conservation Safety
    • Privacy Policy
    • Blog

    ©2023 Conservation United • All rights reserved
    Website Design and SEO by Stamm Web Solutions