The Department of Labor has issued a Field Assistance Bulletin

March 25th, 2020, 3:21 PM

The relevant portion is that the government will not bring action against any business for 30 days after the FFCRA enactment provided the employer can demonstrate they acted reasonably and in good faith and the following criteria have been met: 

  1. The employer remedies any violations, including by making all affected employees whole as soon as practicable. Meaning all covered employers have access to sufficient resources to pay required sick leave and family leave wages

  2. The violations of the Act were not "willful" based on the criteria set forth in McLaughlin v. Richland Shoe, 486 U.S. 128, 133 (1988).  An action is willful if there is substantial evidence that the employer knew or suspected that his actions might violate the FFCRA, the employer showed reckless disregard that his action violated the FFCRA, and the employer acted voluntarily, deliberately, or intentionally, not merely negligently. 

  3. The Department receives a written commitment from the employer to comply with the Act in the future.

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