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Enforcement Extension

US Department of Labor Will Not Enforce The FFCRA Until April 18, 2020

MSK Client Alert
March 27, 2020

The US Department of Labor (“DOL”) Wage & Hour Division (“WHD”) just issued a Field Assistance Bulletin titled “Temporary Non-Enforcement Period Applicable to the Families First Coronavirus Response Act” (“FFCRA” or the “Act”). The Bulletin, which is addressed to the WHD’s Regional Administrators, Deputy Regional Administrators, Directors of Enforcement, and District Directors, provides guidance to WHD field staff regarding the temporary non-enforcement period applicable to the FFCRA.

According to the Bulletin, the DOL will not bring enforcement actions against any public or private employer for violations of the FFCRA occurring within 30 days of the enactment of the FFCRA, i.e. March 18 through April 17, 2020, provided that the employer has made reasonable, good faith efforts to comply with the Act. In short, this means that, although the FFCRA goes into effect on April 1, 2020, the DOL will not enforce it until April 18, 2020, as long as the following apply.

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