Required Workplace Notice Posters for Families First Coronavirus Response ActWritten by Stephen Venzor As we discussed in great detail last week on our Blog and Legal Updates, the Families First Coronavirus Response Act (“FFCRA”) requires that certain employers provide paid leave for temporary additional reasons and paid sick leave for specified reasons related to the COVID-19 pandemic. The full summary can be found here. The U.S. Department of Labor (“DOL”) has now confirmed that FFCRA is to take effect on April 1, 2020, and the DOL’s Wage and Hour Division has made available the following required workplace poster: Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA) Employers should post this required workplace poster in their offices as soon as possible and, to the extent that an employer has workers working remotely, should also send such employees the poster via email and/or post it on an internal or external company website. When to post it by? While the DOL did not indicate the date by which employers would need to post the notification, it would stand to reason that employers should post this in their workplace and distribute it to remote workers no later than April 1, 2020. Notification to workers working remotely? Generally, such required posters only need to be placed in “conspicuous places on the premises of the employer where notices to employees are customarily posted.” However, in light of the large number of employees “teleworking” during this time, the DOL clarified that employers can satisfy the posting requirements by “emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website.” Additional DOL Frequently Asked Questions:
- I am a small business owner. Do I have to post this notice?
Yes. All employers covered by the paid sick leave and expanded family and medical leave provisions of the FFCRA (i.e., certain public sector employers and private sector employers with fewer than 500 employees) are required to post this notice.
- Do I have to post this notice in other languages that my employees speak? Where can I get the notice in other languages?
You are not required to post this notice in multiple languages, but the Department of Labor (Department) is working to translate it into other languages.
- Do I have to share this notice with recently laid-off individuals?
No, the FFCRA requirements explained on this notice apply only to current employees.
- Do I have to share this notice with new job applicants?
No, the FFRCA requirements apply only to current employees. Employers are under no obligation to provide the notice of those requirements to prospective employees.
- Do I have to give notice of the FFCRA requirements to new hires?
Yes, if you hire a job applicant, you must convey this notice to them, either by email, direct mail, or by posting this notice on the premises or on an employee information internal or external website.
- If my state provides greater protections than the FFCRA, do I still have to post this notice?
Yes, all covered employers must post this notice regardless of whether their state requires greater protection. The employer must comply with both federal and state law.
- How do I know if I have the most up-to-date notice? Will there be updates to this notice in the future?
The most recent version of this notice was issued on March 25, 2020. Check the Wage and Hour Division’s website or sign up for Key News Alerts to ensure that you remain current with all notice requirements: www.dol.gov/agencies/whd.
- Our employees must report to our main office headquarters each morning and then go off to work at our different worksite locations. Do we have to post this notice at all of our different worksite locations?
The notice needs to be displayed in a conspicuous place where employees can see it. If they are able to see it at the main office, it is not necessary to display the notice at your different worksite locations.
- Do I have to pay for notices?
No. To obtain notices free of charge, contact the Department’s Wage and Hour Division at 1-866-4-USWAGE (1-866-487-9243). Alternatively, you may download and print the notice yourself from https://www.dol.gov/agencies/whd/posters
- I am running out of wall space. Can I put the required notices in a binder that I put on the wall?
No, you cannot put federal notices in a binder. Generally, employers must display federal notices in a conspicuous place where they are easily visible to all employees—the intended audience.
- We have break rooms on each floor in our building. Do I have to post notices in each break room on each floor or can I just post them in the lunchroom?
If all of your employees regularly visit the lunchroom, then you can post all the required notices there. If not, then you can post the notices in the break rooms on each floor or in another location where they can easily be seen by employees on each floor.
- Our company has many buildings. Our employees report directly to the building where they work, and there is no requirement that they first report to our main office or headquarters prior to commencing work. Do I have to post this notice in each of our buildings?
Yes. Where an employer has employees reporting directly to work in several different buildings, the employer must post all required federal notices in each building, even if the buildings are located in the same general vicinity (e.g., in an industrial park or on a campus).
©ScottHulse, P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between ScottHulse and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.
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