Families First Coronavirus Response Act – Notice Requirements

By Collazo & Keil LLP

March 31, 2020

By April 1, 2020, all covered employers must post a notice of employee rights under the Families First Coronavirus Response Act (“FFCRA”) in a conspicuous location on its premises. A link to the model posting provided by the Department of Labor can be found here.

As many employers’ workforces are working from home, the employer may provide notice by either emailing or direct mailing the notice to its employees or by posting the notice on an external website or on an internal intranet where other policies and notices are accessible to its employees. Even if a covered employer’s state requires greater protections, the employer still must post the FFCRA notice.

If employees report to a main office each day, but work at different worksites, the notice only needs to be posted in a conspicuous location where all employees can see it. This does not require the employer to post the notice at all worksite locations. However, when employees report to work in several different buildings, the employer must post this notice in each building even if the buildings are in the same general vicinity. This notice cannot be placed in a binder, but rather must be in a place where it is easily visible to all employees.

Employers are only under an obligation to provide notice to their current employees; the posting requirement does not extend to prospective hires. However, new hires must receive notice of the FFCRA in one of the methods described above. Employers are not required to post this notice in multiple languages, but the Department of Labor is currently developing translations of the model notice into additional languages.

If you have any questions about these requirements or would like additional information, please contact any attorney at the Firm, at (212) 758-7600.