The Department of Labor’s guidance now includes more detailed information on the Small Business Exemption for employers with fewer than fifty (50) employees. The DOL first identifies (3) three circumstances which would satisfy the requirement that compliance with the Families First Coronavirus Response Act (“FFCRA”) will jeopardize the viability of the small business as determined by an authorized officer of the business:
As of right now, it appears that the DOL is trusting small businesses to use good faith in determining if they qualify for the exemption. However, the DOL does note that if electing to use the small business exemption, the employer should document why the business meets the criteria set out above.
Additionally, it is important to note that as of right now, the exemption is only for leave taken for childcare related purposes. As a result, small businesses may not be exempt for the Emergency Paid Sick Leave Act if the leave is being taken for a qualifying reason outside of childcare.
Dan Beal
President
McElroy's, Inc.
"When McElroy's first started in business, there were not the extensive human resources compliance requirements that there are today. HR Partners has assisted us by formalizing our policies and updating our employment records to make sure we meet these requirements. This has enabled McElroy's, Inc. to focus on what we do best and continue to provide "Service You Trust" to our clients."