Employer Action: New Poster Requirements

Monday, March 30, 2020

Information is coming at us fast and furious, and we know things are changing every day for employers when it comes to dealing with the novel Coronavirus. How we work, when we work, and even IF we work are all impacted. One thing we do know is the Department of Labor has issued additional posters that, just like the other required posters, must be visible in a conspicuous space, such as a lunchroom or break area. You can find the most up to date posters, in both English and Spanish, on the Department of Labor’s website.

Some additional information about the posting requirements:

  • The required poster is titled: Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA).  Note there is a separate poster for federal employees.
  • It must be posted by April 1, 2020, and remain posted until at least December 31, 2020. 
  • All employers, regardless of size, must post this notice. 
  • Uhhhh, everyone is working from home. How do we comply with this order?  The DOL has stated it is acceptable to email this notice to employees. You could also attach the document to paychecks, mail a physical copy, etc. You can also post it on an internal or external website. 
  • Any new hires brought on between now and December 31 must be made aware of these benefits. We recommend including a copy of this flyer with your new hire paperwork. 

As an employer, you still need to comply with all state laws regarding Paid Sick Leave and Expanded FMLA. As with most federal vs. state employment law, you should comply with whichever law is the most stringent. 

IMPORTANT NOTE: The first version of this poster, issued on March 25, contained an error. The revised poster was issued on March 27. It is advised that employers wait until March 31 to print or download the finalized version of the poster to be shared with employees on April 1st!

The Department of  Labor has also issued an FAQ page regarding the poster, which you can find here

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