The Department will not bring enforcement actions against employers for violations of the FFCRA occurring within 30 days of the enactment, i.e. March 18 through April 17, 2020, provided that the employer has made reasonable, good faith efforts to comply with the Act.
For purposes of this non-enforcement position, an employer who violates the Act behaved “reasonably” and “in good faith” when all of the following are true:
- The employer remedies any violations as soon as possible, including making all affected employees whole as soon as practicable.
- The violations of the Act were not “willful” (it's willful if you could have paid, but chose not to)
- The Department receives a written commitment from the employer to comply with the Act in the future.
If the employer violates the Act willfully, fails to provide a written commitment to future compliance with the Act, or fails to remedy the violation upon notification by Department, the Department reserves its right to exercise its enforcement authority.
After April 17, 2020, this limited stay of enforcement will no longer apply, and the Department will fully enforce violations of the Act, as appropriate and consistent with the law.