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Charlotte company pays for FCCRA misstep

September 2020 employment law letter
Authors: 
Richard L. Rainey, Womble Bond Dickinson (US) LLP

The Families First Coronavirus Response Act (FFCRA), which became effective April 1, covers private-sector employers with under 500 employees and provides emergency paid sick leave and expanded Family and Medical Leave Act (FMLA) rights for certain workers because of the coronavirus pandemic. Despite the law's best intentions, employers have found applying its requirements isn't always easy. A transportation company in Charlotte recently became the subject of a U.S. Department of Labor (DOL) Wage and Hour Division (WHD) investigation focusing on whether it had failed to pay emergency sick leave to an employee who was told to quarantine because of coronavirus concerns.

WHD investigates

The WHD announced that as a result of its investigation, the Charlotte branch of Premier Transportation & Warehousing Inc. (a trucking and warehousing service based in Long Beach, California) was found to have violated the FFCRA by failing to provide emergency paid sick leave to the self-quarantined employee. As a result, Premier has paid $3,116 in back wages. To its credit, once it was notified of its obligations by the WHD, the company promptly paid the back wages.

In a press release, the WHD noted the FFCRA "provides vital relief and offers affected workers peace of mind knowing they are entitled to paid sick leave as they navigate the coronavirus pandemic. The [WHD] is working vigorously to educate employers about their obligations under this new law. We encourage employers to contact us to learn how they can avoid violations like the one found in this case."

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