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March 26, 2020

This briefing is not intended to and does not constitute legal or medical advice. Questions concerning how the law applies to your specific factual circumstance should be directed to one of our attorneys at the firm.

On March 18, 2020, the federal Families First Coronavirus Response Act (“FFCRA“) was signed into law.  The FFCRA contains two separate acts that provide paid leave for absences resulting from coronavirus (“COVID-19“): the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act. 
Yesterday, March 25, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) published the official notice poster regarding employee’s rights under the FFCRA. Under the FFCRA, employers are required to post and maintain the notice poster in a conspicuous place(s) on the premises of the employer where notices to employees are customarily posted.

The WHD also provided an accompanying frequently asked question (“FAQ”) for employer’s reference. This can be found at https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions.

The WHD also provided a model notice for employer’s reference. This can be found at: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf

We recommend that all companies post the notice poster as soon as possible and review the FAQ to ensure compliance with the notice requirement. For your convenience and reference, we have included a summary of several, but not all, of the clarifications provided in the FAQ. Again, we recommend that all employers thoroughly review the FAQ in its entirety.

If all or a portion of a workforce is teleworking, an employer should either (i) email or direct mail the notice to employees, (ii) or post this notice on an employee information internal or external website.

All employers under 500 employees must post the notice. For now, this applies to companies under 50 employees who may seek an exemption once further regulations by the Department of Labor is released.

The notice must be posted in a central and regularly visited area for all employees. Companies with employees located on multiple floors in a single building or across multiple buildings and locations should consider posting notice in each, unless a central location, like a lunch room, is accessible and frequented by all employees.

Conroy Baran remains committed in these trying times to assisting our business clients with their day-to-day corporate needs, as well as their mergers, acquisitions, sales, reorganizations (including Chapter 11), succession planning, corporate and securities needs, and can accommodate safe client contact through video conferencing and screen sharing, as well as the usual talk, text, and email.

Kyle Conroy: 816-388-9686
Robert Baran: 816-616-5009
Larry Pittman: 816-210-9680
Christopher Stewart: 816-522-1582
Andrew Potter: 719-359-2701
Bob Reynolds: 417-496-2467
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