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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Grandstand Glassware & Apparel

Gwen Denton
Human Resources Director 
Grandstand Glassware & Apparel

"I have worked with HR Partners for over two (2) years in an advisory and legal capacity. The HR Partners Team has made themselves available with little notice when I’ve been in need of their expertise in an immediate situation.

They are available when I want to bounce an idea or will just listen when I need to work through a situation. They have assisted with phone screens, job descriptions, policies, unemployment, FMLA, HR audit, and so much more. They are very easy to work with and I have always felt they ‘really’ cared about assisting me and our organization. Their guidance has helped me grow personally in my knowledge which extends to being a better HR Professional for my employees and my company.

Thank you HR Partners!"