The new poster for covered private sector employers related to leaves under the federal Families First Coronavirus Response Act (FFCRA) has been published by the Wage and Hour Division of the Department of Labor and is available here.
The agency has also published a set of FAQs related to the notice, which is available here.
Each covered private sector employer (i.e., with fewer than 500 employees) must post this notice in a conspicuous place on its premises. This requirement can be satisfied by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website. If employees regularly visit a common area such as a break room, it can be posted there. However, different employers may have different posting obligations depending on the worksite, e.g., if there are break rooms on multiple floors, it can be posted in each break room on the various floors. Similarly, if employees report to one location and then disperse to work at different sites, it may be possible to simply post in the main office if there is a conspicuous location there where employees will see it. If, however, the employees report directly to work in several different buildings, the employer must post it in each building, even if the buildings are located in the same general vicinity. It cannot be put in a binder and put on a wall.
It is not currently available in multiple languages, so for now it only has to be posted in English. It must be posted even if applicable state law requires greater protections, since an employer must comply with all applicable federal and state laws.
It has to be shared with current employees. Therefore, it does not have to be shared with recently laid-off or otherwise terminated employees. It does not have to be shared with a prospective employee until the individual is hired.
This alert is made available for educational purposes and to provide general information on current legal topics, not to provide specific legal advice. The publication of this alert does not create any attorney-client relationship and should not be used as a substitute for competent legal advice from a licensed professional attorney.