The DOL has announced it
will not
bring enforcement actions against employers for violations of the Act for violations occurring within 30 days of FFCRA's enforcement - March 18 through April 17, 2020,
IF the employer has made reasonable good faith efforts to comply with the FFCRA.
An employer will be found to meet that standard only if it meets
ALL
of the following factors:
- The employer remedies any violations, including by making all affected employees whole as soon as practicable; AND,
- The violations of the Act were not willful, meaning that the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited; AND,
- The Department receives a written commitment from the employer to comply with the Act in the future.
The DOL reserves its right to enforce the law if the employer:
- Is found to either have willfully violated the law; or,
- Fails to provide a written commitment to comply with the law in the future; or,
- Fails to remedy the violation upon notification by the DOL by making all affected employees whole as soon as practicable.
For the purpose of this non-enforcement policy, employers who are eligible for tax credits but who have insufficient cash flow should make payment of sick leave or family leave wages as soon as possible.
- Payments should be made no later than 7 calendar days after the employer has withdrawn an amount equal to the required paid sick leave and expanded family and medical leave wages from the employer's Federal payroll tax deposits.
- If such deposits are not sufficient, payments should be made no later than 7 calendar days after receipt of the refund of the credit amount from the Internal Revenue Service to cover the required wages.
After April 17, 2020, the DOL will fully enforce the law.
