The Families First Coronavirus Response Act (the "Families
First Act" or the "Act") requires covered employers
to provide employees two weeks of paid sick leave and additional
benefits for family leave due to the COVID-19 outbreak, and offers
covered employers payroll tax credits to defray the cost of
providing this leave. Despite the April 1 effective date, the
Department of Labor (DOL) announced a non-enforcement policy for violations
occurring through today—April 17, 2020—if a covered
employer has made reasonable and good faith efforts to comply and
promptly remedies any violations.
On April 1, the DOL issued temporary rules implementing the Families
First Act that expanded upon a previously published series of Q&As. In an April 1 letter to the Secretary of Labor, Democratic
members of Congress took issue with the guidance, but the temporary
rules remain in effect. Compounding the controversy, New York State
filed a lawsuit against the DOL on April 14, arguing that
