Workplace Poster Requirements and New Effective Date
COVID-19 employer update
UPDATED MARCH 26, 2020
Stibbs & Co., P.C. published an Employer Update on March 20, 2020 which outlined key provisions of the recently enacted Families First Coronavirus Response Act (“FFCRA” or “the Act”). At the time of that update, it was anticipated that the Act would take effect on April 2, 2020. Since then, the Department of Labor’s Wage and Hour Division has published further guidance explaining Paid Sick Leave and the expansion to the Family Medical Leave Act (“FMLA”). Most importantly, theD epartment of Labor changed the effective date of the Act to April 1, 2020. Employers should be aware of the NEW EFFECTIVE DATE of the Act.
The FFCRA requires that employers who are covered by the Act post a specific notice related to the benefits extended to employees covered by the FFCRA. Section 5103 of the Act states that, “[e]ach employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted . . . .” a copy of the notice.Employees who are currently working remotely will not see a notice posted at their office so employers may also comply with the requirement by posting the notice on their company’s internal or external website, e-mailing, or mailing it to the employee. As of this date, employers are required to give notice only to current employees. Providing notice to employees who have already been laid-off is not required. Violations of the provisions of the FFCRA will be subject to penalties and enforcement by the Department of Labor’s Wage and Hour Division. A link to the workplace poster i s provided below. (A separate poster which applies only to federal employees can be accessed here)
CORONAVIRUS AID, RELIEF, and E CONOMIC SECURITY ACT (“CARES Act”)
Late last night, the United States Senate passed an Economic Stimulus Bill – the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) – which will, among other things, expand unemployment coverage, provide small business loans, and provide stimulus payments for individuals. The CARES Act has not yet been passed by the U.S. House of Representatives nor signed into law by the President. Both are expected to occur before the end of the day tomorrow. During these extremely difficult times, Stibbs & Co., P.C. is focused on our firm’s number one priority, Helping Businesses Succeed®. We are monitoring the CARES Act at all stages and will provide concise insight on how it will affect your business. Should you have any questions related to the information above, please contact our office.
Helpful links:
https://www.dol.gov/agencies/whd/posters
https://www.dol.gov/agencies/whd/pandemic/ffcra-employer-paid-leave
These materials are made available by Stibbs & Co., P.C. for informational purposes only, do not constitute legal or tax advice, and are not a substitute for legal advice from qualified counsel. The laws of other states and nations may be entirely different from what is described. Your use of these materials does not create an attorney-client relationship between you and Stibbs & Co., P.C. The facts and results of each case will vary, and no particular result can be guaranteed.
Employers should consult their tax advisors concerning the application of tax laws to their particular situation. Employers are also encouraged to seek legal counsel prior to taking actions to avoid violations of federal or state employment laws including, but not limited to, the Family Medical LeaveAct and its expansion under the Families First Coronavirus Response Act, the Fair Labor Standards Act, the Texas Payday Law, Texas small employer health insurance laws, new hire reporting laws, the Texas Commission on Human Rights Act, various EEO laws covered by Title VII of the Civil Rights Act of 1964, Occupational Safety and Health Administration laws, the Immigration Reform and Control Act, EEO-1 reporting requirements, the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), the National Labor Relations Act, the Worker Adjustment Retaining Notification Act, and the Employee Retirement Income Security Act of 1974.
