Small Business Exemption

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:

  1.        The provision of paid sick leave or expanded family and medical leave would result in the small business’s expenses and financial obligations exceeding available business revenues and cause the small business to cease operating at a minimal capacity;  
  2.        The absence of the employee or employees requesting paid sick leave or expanded family and medical leave would entail a substantial risk to the financial health or operational capabilities of the small business because of their specialized skills, knowledge of the business, or responsibilities; or 
  3.        There are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services provided by the employee or employees requesting paid sick leave or expanded family and medical leave, and these labor or services are needed for the small business to operate at a minimal capacity.

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.

The HR Partners Holiday Video - 2024

We appreciate your business, and we wish you nothing but the best for Christmas and the New Year holidays.

2025 will be an epic year and we can’t wait to work with you to continue the magic.

To view the video, click the image below or click here, and once you see the video on Vimeo, please click the play button. Enjoy!

 2024HRPVideo

 

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Schendel Lawn and Landscape

Brent Boles
Co-Owner
Schendel Lawn and Landscape

"Schendel works with HR Partners in several different capacities over a five state area. They answer our questions about employment law, help train our management staff to be better leaders, and ensure our employee policies and procedures are legally sound and in the best interests of both Schendel and our co-workers.

I've always found the HR Partners teamf to be very knowledgeable, friendly and easy to work with. The relationship we have formed with them helps protect both our company and our co-workers, and I feel it is very beneficial to Schendel."