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.
Debbie Robinson
CEO and General Manager
Wood County Electric Cooperative, Inc. (“WCEC”)
"We have recently used the services of HR Partners to coordinate the evaluation of our CEO. I found their services made the process convenient and easy to administer.
HR Partners also helped us to analyze the results of our CEO evaluation survey offering unique perspectives we may not have otherwise picked up on. I’m very happy with the services I received."