DOL Provides Grace Period on Families First Coronavirus Response Act

The Department of Labor (DOL) has stated they will provide employers with a grace period in the enforcement of the Families First Coronavirus Response Act (FFCRA).

For the period March 18 though April 17, 2020, the DOL will not bring penalties against an employer related to the FFCRA as long as they have made reasonable, good faith efforts to comply with the Act.
In order to meet the “reasonable” and “good faith” requirements, following must be present:

  1. The employer remedies any violations, including by making all affected employees whole as soon as practicable.
  2. The violations of the Act were not “willful” i.e. either knew they were in violation or showed reckless disregard in violating the Act.
  3. The Department receives a written commitment from the employer to comply with the Act in the future.

If an employer either (1) violates the Act willfully, (2) fails to provide a written commitment to future compliance with the Act, or (3) fails to remedy the violation upon notification by the DOL, the employer must make the employee whole as soon as practicable and the DOL reservices its rights to excercise its enforcement authority.

After April 17, 2020, the DOL will fully enforce violations of the Act.