Yesterday, the Department of Labor (DOL) issued its first level of guidance on how the Families First Coronavirus Response Act will affect covered businesses, or those with less than 500 employees. The DOL provided a Fact Sheet for Employees, a Fact Sheet for Employers, and a Questions and Answers document. The DOL made it clear it will be issuing more guidance in the future in relations to its authority to exempt certain businesses from the paid leave mandate. In addition, the Internal Revenue Service issued guidance to employers on how to be fully reimbursed for the cost of paid leave provided for employees. The DOL is expected to finalize its regulations by April 2, but employers will face enforcement measure for at least 30 days after the regulations are final. NGA has argued the DOL exclude Department of Homeland Security critical infrastructure employees, such as food supply workers, from the mandate to avoid being shorthanded during a time of crisis, but we do not have an update at this time.
