COVID-19: New FFCRA Employee Rights Poster

U.S. Department of Labor Releases New Employee Rights Poster which Covered Employers Must Post

By: Kyle McClain

March 25, 2020

Today, the U.S. Department of Labor (“DOL”) released a new employee rights poster detailing certain leave rights under the new Families First Coronavirus Response Act (“FFCRA”). Read our posts for more information about the FFCRA and the new leave rights thereunder, as well as the first round of guidance regarding the FFCRA released by the DOL yesterday. The poster can be downloaded here. Under the Emergency Paid Sick Leave Act as contained in the FFCRA, each employer that is a “covered employer” under that act is required to “post and keep posted” the poster “in conspicuous places on the premises of the employer where notices to employees are customarily posted . . . .” The DOL also published an extensive “Frequently Asked Questions” (“FAQs”) webpage regarding posting the notice. In short, posting the notice in the same location as similar notices required under other laws should be adequate. Of note, however, is the first FAQ, which reads:

1.  Where do I post this notice? Since most of my workforce is teleworking, where do I electronically “post” this notice?

Each covered employer must post a notice of the Families First Coronavirus Response Act (FFCRA) requirements in a conspicuous place on its premises. An employer may satisfy this requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website.

Therefore, an employer “may” (but is not required to) satisfy the posting requirements by emailing or mailing a copy of the poster to its employees, or posting it on an employee information website.

The information contained in this post is general in nature and offered for informational purposes only. It is not offered and should not be construed as legal advice. Any specific questions about this information should be directed to Attorney Kyle McClain.