March 26, 2020
By John Vering & Mark Opara
On March 25, 2020 the U.S. Department of Labor published on its website a Model Poster for covered employers to post, email to their employees or put on an internal or external website to meet the posting requirements under the new Families First Coronavirus Response Act (herein Act). The DOL website has a link to Frequently asked Questions about how and where to post the Notice and other options on providing it to employees of covered employers.
In addition, DOL has published Fact sheets on Employee Paid Leave Rights under the Act and Employer Paid Leave Requirements under the Act. Further guidance is contained in three Questions and Answers documents published by DOL on the Families First Coronavirus Response Act, COVID-19 and the Fair Labor Standard Act and COVID-19 and the FMLA. These Fact Sheets and Guidance do not have the effect of regulations and leave a number of important questions unanswered as the April 1, 2020 effect of the Act rapidly approaches. We are advised that DOL does not plan enforcement actions against employers during the first 30 days the Act is in force as long as covered employers are making good faith efforts to comply with the Act.
Where else can I get more information and updated information?
We encourage you to keep updated on the latest developments and guidance being provided by DOL and other federal, state and local authorities including but not limited to the Centers for Disease Control and Prevention (CDC), the Missouri Department of Health and Senior Services, the Kansas Department of Health and Environment, and the Kansas City Missouri Department of Health. Regularly review the websites noted above, our firm COVID-19 Resources page and cdc.gov, coronavirus.gov and the CDC’s Interim Guidance for Businesses and Employers. Another valuable resource is the National Governors Association website nga.org which provides valuable resources from every state on COVID-19 and steps employers can and should take to deal with this pandemic.
This article is general in nature and does not constitute legal advice. Please note that the Families First Coronavirus Act presents many novel legal questions, and we encourage you to seek legal advice for the application of this and related laws to your specific situation and please note that legal requirements are changing on a daily basis. Readers with legal questions should consult the authors, (JVering@sb-kc.com), Mark Opara (MOpara@sb-kc.com) or any other shareholders in Seigfreid Bingham’s Employment Law Group, including:, John Neyens, Brenda Hamilton, Shannon Johnson, or your regular contact at Seigfreid Bingham at 816-421-4460.