FFCRA lesson: DOL nonenforcement period doesn’t mean employers need not comply

The Families First Coronavirus Response Act (FFCRA) was passed on March 18, 2020, with an effective date of April 1. Subsequent (and sometimes conflicting) guidance left employers and employment lawyers scrambling to ensure compliance while navigating the unprecedented and uncertain times brought about by the COVID-19 pandemic. Soon thereafter, the U.S. Department of Labor (DOL) notified employers that “violations of the Act occurring within 30 days of the enactment” (through April 17) would not result in enforcement actions.

With that proclamation, employers let out a collective sigh of relief. Many believed the 30-day period gave them additional time to comply and/or figure out what they were supposed to do. Were they correct in their belief? Was that sigh premature? You be the judge.

FFCRA penalty enforced retroactively

On April 23 (six days after the nonenforcement period ended), the DOL issued a press release citing what appears to be its first enforcement action taken against an employer under the FFCRA.